82_FR_12725 82 FR 12683 - Qualification of Drivers; Exemption Applications; Vision

82 FR 12683 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12683-12685
FR Document2017-04258

FMCSA announces its decision to exempt 31 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 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12683-12685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04258]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0212]


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 31 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 December 30, 2016. The exemptions 
expire on December 30, 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

[[Page 12684]]

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 November 29, 2016, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (81 FR 86063). That notice listed 31 applicants' case 
histories. The 31 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 31 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 31 
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, corneal opacity, central vein 
occlusion, choroidal melanoma, chorioretinal scar, complete loss of 
vision, eccentric fixation, exotropia, glaucoma, macular scar, optic 
nerve atrophy, prosthetic eye, and retinal detachment. In most cases, 
their eye conditions were not recently developed. Twenty of the 
applicants were either born with their vision impairments or have had 
them since childhood.
    The 11 individuals that sustained their vision conditions as adults 
have had it for a range of 4 to 40 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 31 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 51 
years. In the past three years, 1 driver was involved in a crash and 2 
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 November 29, 2016 
notice (81 FR 86063).

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

[[Page 12685]]

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 31 applicants, 1 driver was involved in a crash and 2 drivers were 
convicted of a moving violation in a CMV. All the applicants achieved a 
record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 31 applicants listed in the notice of 
November 29, 2016 (81 FR 86063).
    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 31 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 one comment in this proceeding. Daniel E. Kinney 
stated that he has been put in a financial hardship while waiting for 
his vision exemption. He was issued an exemption effective as of 
December 30, 2016.

IV. Conclusion

    Based upon its evaluation of the 31 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):

James A. Bartolo, Jr. (CA)
Harry S. Bumps (VT)
Brian T. Castoldi (CT)
William B. Friend (MD)
Willie George (NY)
David E. Goff (MA)
Michael Golebiowski (IL)
Dana L. Gould (ME)
Johnny J. Gowdy (MS)
Richard E. Hadler (MN)
Donald J. Harrison (IA)
Channing L. Herrell (MD)
Loyd F. Hovey (NY)
George T. Huffman Jr. (IL)
Daniel E. Kinney (IL)
Shane M. Lovell (NE)
Jason W. Mack (PA)
Terry G. Montgomery (IN)
John P. O'Doherty (MN)
Antonio Rivera (PA)
Julio Rivera (FL)
Steve C. Sinclair (IA)
Jerrell L. Smith (TX)
Ricky E. Smith (GA)
Venton E. Smith (CA)
Willie J. Smith (TX)
Glen W. Stake Jr. (OH)
John D. Stork (IL)
David T. Tann (NC)
Jeremy M. Trager (OH)
James R. Wagner (IL)

    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: February 27, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04258 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                   Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                   12683

                                                    person is physically qualified to driver                  The five drivers in this notice remain              V. Conclusion
                                                    a CMV if that person:                                   in good standing with the Agency and                    Based upon its evaluation of the five
                                                      First perceives a forced whispered voice in           have not exhibited any medical issues                 exemption applications, FMCSA renews
                                                    the better ear at not less than 5 feet with or          that would compromise their ability to                the exemptions of the aforementioned
                                                    without the use of a hearing aid or, if tested          safely operate a CMV during the                       drivers from the hearing requirement in
                                                    by use of an audiometric device, does not               previous two-year exemption period.                   49 CFR 391.41 (b)(11). In accordance
                                                    have an average hearing loss in the better ear          FMCSA has concluded that renewing
                                                    greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                                                                                                                                  with 49 U.S.C. 31136(e) and 31315, each
                                                                                                            the exemptions for each of these                      exemption will be valid for two years
                                                    and 2,000 Hz with or without a hearing aid              applicants is likely to achieve a level of
                                                    when the audiometric device is calibrated to                                                                  unless revoked earlier by FMCSA.
                                                                                                            safety equal to that existing without the
                                                    American National Standard (formerly ASA                                                                        Issued on: February 27, 2017.
                                                    Standard) Z24.5—1951.
                                                                                                            exemption. Therefore, FMCSA has
                                                                                                            decided to renew each exemption for a                 Larry W. Minor,
                                                      49 CFR 391.41(b)(11) was adopted in                   two-year period. In accordance with 49                Associate Administrator for Policy.
                                                    1970, with a revision in 1971 to allow                  U.S.C. 31136(e) and 31315, each driver                [FR Doc. 2017–04270 Filed 3–3–17; 8:45 am]
                                                    drivers to be qualified under this                      has received a renewed exemption.                     BILLING CODE 4910–EX–P
                                                    standard while wearing a hearing aid,                     As of November 1, 2016, Kevin
                                                    35 FR 6458, 6463 (April 22, 1970) and                   Beachum (MD) has satisfied the renewal
                                                    36 FR 12857 (July 3, 1971).                             conditions for obtaining an exemption                 DEPARTMENT OF TRANSPORTATION
                                                      The five individuals listed in this                   from the hearing requirement in 49 CFR
                                                    notice have requested renewal of their                  391.41(b)(11), from driving CMVs in                   Federal Motor Carrier Safety
                                                    exemptions from the hearing standard                    interstate commerce (80 FR 57032). This               Administration
                                                    in 49 CFR 391.41(b)(11), in accordance                  driver was included in FMCSA–2014–                    [Docket No. FMCSA–2016–0212]
                                                    with FMCSA procedures. Accordingly,                     0103. The exemption was effective on
                                                    FMCSA has evaluated these                               November 1, 2016, and will expire on                  Qualification of Drivers; Exemption
                                                    applications for renewal on their merits                November 1, 2018.                                     Applications; Vision
                                                    and decided to extend each exemption                      As of November 30, 2016, Bruce H.
                                                    for a renewable two-year period.                        Dunn (LA); Scott A. Perdue (GA);                      AGENCY: Federal Motor Carrier Safety
                                                                                                            Melvin Ross (OH); and Thomas Sneer                    Administration (FMCSA), DOT.
                                                    II. Request for Comments                                                                                      ACTION: Notice of final disposition.
                                                                                                            (MN) have satisfied the renewal
                                                      Interested parties or organizations                   conditions for obtaining an exemption
                                                    possessing information that would                                                                             SUMMARY:    FMCSA announces its
                                                                                                            from the hearing requirement in 49 CFR
                                                    otherwise show that any, or all, of these                                                                     decision to exempt 31 individuals from
                                                                                                            391.41(b)(11), from driving CMVs in
                                                    drivers are not currently achieving the                                                                       the vision requirement in the Federal
                                                                                                            interstate commerce (80 FR 60747). The
                                                    statutory level of safety should                                                                              Motor Carrier Safety Regulations
                                                                                                            drivers were included in FMCSA–2014–
                                                    immediately notify FMCSA. The                                                                                 (FMCSRs). They are unable to meet the
                                                                                                            0104. The exemptions were effective on
                                                    Agency will evaluate any adverse                                                                              vision requirement in one eye for
                                                                                                            November 30, 2016, and will expire on
                                                    evidence submitted and, if safety is                                                                          various reasons. The exemptions will
                                                                                                            November 30, 2018.
                                                    being compromised or if continuation of                                                                       enable these individuals to operate
                                                                                                            IV. Conditions and Requirements                       commercial motor vehicles (CMVs) in
                                                    the exemption would not be consistent
                                                    with the goals and objectives of 49                                                                           interstate commerce without meeting
                                                                                                              The exemptions are extended subject
                                                    U.S.C. 31136(e) and 31315, FMCSA will                                                                         the prescribed vision requirement in
                                                                                                            to the following conditions: (1) Each
                                                    take immediate steps to revoke the                                                                            one eye. The Agency has concluded that
                                                                                                            driver must report any crashes or
                                                    exemption of a driver.                                                                                        granting these exemptions will provide
                                                                                                            accidents as defined in 49 CFR 390.5;
                                                                                                                                                                  a level of safety that is equivalent to or
                                                                                                            and (2) report all citations and
                                                    III. Basis for Renewing Exemptions                                                                            greater than the level of safety
                                                                                                            convictions for disqualifying offenses
                                                                                                                                                                  maintained without the exemptions for
                                                      Under 49 U.S.C. 31315(b)(1), an                       under 49 CFR part 383 and 49 CFR 391
                                                                                                                                                                  these CMV drivers.
                                                    exemption may be granted for no longer                  to FMCSA. In addition, the driver must
                                                    than two years from its approval date                   also have a copy of the exemption when                DATES: The exemptions were granted
                                                    and may be renewed upon application.                    driving, for presentation to a duly                   December 30, 2016. The exemptions
                                                    In accordance with 49 U.S.C. 31136(e)                   authorized Federal, State, or local                   expire on December 30, 2018.
                                                    and 31315, each of the five applicants                  enforcement official. The driver is                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                    has satisfied the renewal conditions for                prohibited from operating a motorcoach                Christine A. Hydock, Chief, Medical
                                                    obtaining an exemption from the                         or bus with passengers in interstate                  Programs Division, (202) 366–4001,
                                                    hearing requirement (80 FR 57032; 80                    commerce. The exemption does not                      fmcsamedical@dot.gov, FMCSA,
                                                    FR 60747). In addition, for Commercial                  exempt the individual from meeting the                Department of Transportation, 1200
                                                    Driver’s License (CDL) holders, the                     applicable CDL testing requirements.                  New Jersey Avenue SE., Room W64–
                                                    Commercial Driver’s License                             Each exemption will be valid for two                  113, Washington, DC 20590–0001.
                                                    Information System (CDLIS) and the                      years unless rescinded earlier by                     Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    Motor Carrier Management Information                    FMCSA. The exemption will be                          Monday through Friday, except Federal
                                                    System (MCMIS) are searched for crash                   rescinded if: (1) The person fails to                 holidays. If you have questions
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and violation data. For non-CDL                         comply with the terms and conditions                  regarding viewing or submitting
                                                    holders, the Agency reviews the driving                 of the exemption; (2) the exemption has               material to the docket, contact Docket
                                                    records from the State Driver’s                         resulted in a lower level of safety than              Services, telephone (202) 366–9826.
                                                    Licensing Agency (SDLA). These factors                  was maintained before it was granted; or              SUPPLEMENTARY INFORMATION:
                                                    provide an adequate basis for predicting                (3) continuation of the exemption would
                                                    each driver’s ability to continue to                    not be consistent with the goals and                  I. Electronic Access
                                                    safely operate a CMV in interstate                      objectives of 49 U.S.C. 31136(e) and                    You may see all the comments online
                                                    commerce.                                               31315.                                                through the Federal Document


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                                                    12684                          Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    Management System (FDMS) at http://                     accommodate their limitation and                      be restricted to intrastate driving. With
                                                    www.regulations.gov.                                    demonstrated their ability to drive                   the exemption, applicants can drive in
                                                       Docket: For access to the docket to                  safely. The 31 exemption applicants                   interstate commerce. Thus, our analysis
                                                    read background documents or                            listed in this notice are in this category.           focuses on whether an equal or greater
                                                    comments, go to http://                                 They are unable to meet the vision                    level of safety is likely to be achieved by
                                                    www.regulations.gov and/or Room                         requirement in one eye for various                    permitting each of these drivers to drive
                                                    W12–140 on the ground level of the                      reasons, including amblyopia, central,                in interstate commerce as opposed to
                                                    West Building, 1200 New Jersey Avenue                   corneal opacity, central vein occlusion,              restricting him or her to driving in
                                                    SE., Washington, DC, between 9 a.m.                     choroidal melanoma, chorioretinal scar,               intrastate commerce.
                                                    and 5 p.m., e.t., Monday through Friday,                complete loss of vision, eccentric                       To evaluate the effect of these
                                                    except Federal holidays.                                fixation, exotropia, glaucoma, macular                exemptions on safety, FMCSA
                                                       Privacy Act: In accordance with 5                    scar, optic nerve atrophy, prosthetic eye,            considered the medical reports about
                                                    U.S.C. 553(c), DOT solicits comments                    and retinal detachment. In most cases,                the applicants’ vision as well as their
                                                    from the public to better inform its                    their eye conditions were not recently                driving records and experience with the
                                                    rulemaking process. DOT posts these                     developed. Twenty of the applicants                   vision deficiency.
                                                    comments, without edit, including any                   were either born with their vision                       To qualify for an exemption from the
                                                    personal information the commenter                      impairments or have had them since                    vision requirement, FMCSA requires a
                                                    provides, to www.regulations.gov, as                    childhood.                                            person to present verifiable evidence
                                                    described in the system of records                         The 11 individuals that sustained                  that he/she has driven a commercial
                                                    notice (DOT/ALL–14 FDMS), which can                     their vision conditions as adults have                vehicle safely with the vision deficiency
                                                    be reviewed at www.dot.gov/privacy.                     had it for a range of 4 to 40 years.                  for the past 3 years. Recent driving
                                                                                                               Although each applicant has one eye                performance is especially important in
                                                    II. Background                                          which does not meet the vision                        evaluating future safety, according to
                                                       On November 29, 2016, FMCSA                          requirement in 49 CFR 391.41(b)(10),                  several research studies designed to
                                                    published a notice of receipt of                        each has at least 20/40 corrected vision              correlate past and future driving
                                                    exemption applications from certain                     in the other eye, and in a doctor’s                   performance. Results of these studies
                                                    individuals, and requested comments                     opinion, has sufficient vision to perform             support the principle that the best
                                                    from the public (81 FR 86063). That                     all the tasks necessary to operate a CMV.             predictor of future performance by a
                                                    notice listed 31 applicants’ case                       Doctors’ opinions are supported by the                driver is his/her past record of crashes
                                                    histories. The 31 individuals applied for               applicants’ possession of valid                       and traffic violations. Copies of the
                                                    exemptions from the vision requirement                  commercial driver’s licenses (CDLs) or                studies may be found at Docket Number
                                                    in 49 CFR 391.41(b)(10), for drivers who                non-CDLs to operate CMVs. Before                      FMCSA–1998–3637.
                                                    operate CMVs in interstate commerce.                    issuing CDLs, States subject drivers to                  FMCSA believes it can properly apply
                                                       Under 49 U.S.C. 31136(e) and 31315,                  knowledge and skills tests designed to                the principle to monocular drivers,
                                                    FMCSA may grant an exemption for a 2-                   evaluate their qualifications to operate a            because data from the Federal Highway
                                                    year period if it finds ‘‘such exemption                CMV.                                                  Administration’s (FHWA) former waiver
                                                    would likely achieve a level of safety                     All of these applicants satisfied the              study program clearly demonstrate the
                                                    that is equivalent to or greater than the               testing requirements for their State of               driving performance of experienced
                                                    level that would be achieved absent                     residence. By meeting State licensing                 monocular drivers in the program is
                                                    such exemption.’’ The statute also                      requirements, the applicants                          better than that of all CMV drivers
                                                    allows the Agency to renew exemptions                   demonstrated their ability to operate a               collectively (See 61 FR 13338, 13345,
                                                    at the end of the 2-year period.                        CMV, with their limited vision, to the                March 26, 1996). The fact that
                                                    Accordingly, FMCSA has evaluated the                    satisfaction of the State.                            experienced monocular drivers
                                                    31 applications on their merits and                        While possessing a valid CDL or non-               demonstrated safe driving records in the
                                                    made a determination to grant                           CDL, these 31 drivers have been                       waiver program supports a conclusion
                                                    exemptions to each of them.                             authorized to drive a CMV in intrastate               that other monocular drivers, meeting
                                                                                                            commerce, even though their vision                    the same qualifying conditions as those
                                                    III. Vision and Driving Experience of                   disqualified them from driving in                     required by the waiver program, are also
                                                    the Applicants                                          interstate commerce. They have driven                 likely to have adapted to their vision
                                                       The vision requirement in the                        CMVs with their limited vision in                     deficiency and will continue to operate
                                                    FMCSRs provides:                                        careers ranging for 3 to 51 years. In the             safely.
                                                       A person is physically qualified to                  past three years, 1 driver was involved                  The first major research correlating
                                                    drive a commercial motor vehicle if that                in a crash and 2 drivers were convicted               past and future performance was done
                                                    person has distant visual acuity of at                  of moving violations in a CMV.                        in England by Greenwood and Yule in
                                                    least 20/40 (Snellen) in each eye                          The qualifications, experience, and                1920. Subsequent studies, building on
                                                    without corrective lenses or visual                     medical condition of each applicant                   that model, concluded that crash rates
                                                    acuity separately corrected to 20/40                    were stated and discussed in detail in                for the same individual exposed to
                                                    (Snellen) or better with corrective                     the November 29, 2016 notice (81 FR                   certain risks for two different time
                                                    lenses, distant binocular acuity of a least             86063).                                               periods vary only slightly (See Bates
                                                    20/40 (Snellen) in both eyes with or                                                                          and Neyman, University of California
                                                    without corrective lenses, field of vision              IV. Basis for Exemption Determination                 Publications in Statistics, April 1952).
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                                                    of at least 70° in the horizontal meridian                Under 49 U.S.C. 31136(e) and 31315,                 Other studies demonstrated theories of
                                                    in each eye, and the ability to recognize               FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                    the colors of traffic signals and devices               the vision requirement in 49 CFR                      history coupled with other factors.
                                                    showing red, green, and amber (49 CFR                   391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                                    391.41(b)(10)).                                         to achieve an equivalent or greater level             geographic location, mileage driven and
                                                       FMCSA recognizes that some drivers                   of safety than would be achieved                      conviction history—are used every day
                                                    do not meet the vision requirement but                  without the exemption. Without the                    by insurance companies and motor
                                                    have adapted their driving to                           exemption, applicants will continue to                vehicle bureaus to predict the


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                                                                                   Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                   12685

                                                    probability of an individual                            listed in the notice of November 29,                  Shane M. Lovell (NE)
                                                    experiencing future crashes (See Weber,                 2016 (81 FR 86063).                                   Jason W. Mack (PA)
                                                    Donald C., ‘‘Accident Rate Potential: An                   We recognize that the vision of an                 Terry G. Montgomery (IN)
                                                    Application of Multiple Regression                      applicant may change and affect his/her               John P. O’Doherty (MN)
                                                    Analysis of a Poisson Process,’’ Journal                ability to operate a CMV as safely as in              Antonio Rivera (PA)
                                                    of American Statistical Association,                    the past. As a condition of the                       Julio Rivera (FL)
                                                    June 1971). A 1964 California Driver                    exemption, therefore, FMCSA will                      Steve C. Sinclair (IA)
                                                    Record Study prepared by the California                 impose requirements on the 31                         Jerrell L. Smith (TX)
                                                    Department of Motor Vehicles                            individuals consistent with the                       Ricky E. Smith (GA)
                                                    concluded that the best overall crash                   grandfathering provisions applied to                  Venton E. Smith (CA)
                                                    predictor for both concurrent and                       drivers who participated in the                       Willie J. Smith (TX)
                                                    nonconcurrent events is the number of                   Agency’s vision waiver program.                       Glen W. Stake Jr. (OH)
                                                                                                               Those requirements are found at 49                 John D. Stork (IL)
                                                    single convictions. This study used 3
                                                                                                            CFR 391.64(b) and include the                         David T. Tann (NC)
                                                    consecutive years of data, comparing the
                                                                                                            following: (1) That each individual be                Jeremy M. Trager (OH)
                                                    experiences of drivers in the first 2 years                                                                   James R. Wagner (IL)
                                                    with their experiences in the final year.               physically examined every year (a) by
                                                                                                            an ophthalmologist or optometrist who                    In accordance with 49 U.S.C. 31136(e)
                                                       Applying principles from these
                                                                                                            attests that the vision in the better eye             and 31315, each exemption will be valid
                                                    studies to the past 3-year record of the
                                                                                                            continues to meet the requirement in 49               for 2 years unless revoked earlier by
                                                    31 applicants, 1 driver was involved in
                                                                                                            CFR 391.41(b)(10) and (b) by a medical                FMCSA. The exemption will be revoked
                                                    a crash and 2 drivers were convicted of
                                                                                                            examiner who attests that the individual              if: (1) The person fails to comply with
                                                    a moving violation in a CMV. All the
                                                                                                            is otherwise physically qualified under               the terms and conditions of the
                                                    applicants achieved a record of safety
                                                                                                            49 CFR 391.41; (2) that each individual               exemption; (2) the exemption has
                                                    while driving with their vision
                                                                                                            provide a copy of the ophthalmologist’s               resulted in a lower level of safety than
                                                    impairment, demonstrating the
                                                                                                            or optometrist’s report to the medical                was maintained before it was granted; or
                                                    likelihood that they have adapted their
                                                                                                            examiner at the time of the annual                    (3) continuation of the exemption would
                                                    driving skills to accommodate their
                                                                                                            medical examination; and (3) that each                not be consistent with the goals and
                                                    condition. As the applicants’ ample
                                                                                                            individual provide a copy of the annual               objectives of 49 U.S.C. 31136 and 31315.
                                                    driving histories with their vision
                                                                                                            medical certification to the employer for                If the exemption is still effective at the
                                                    deficiencies are good predictors of
                                                                                                            retention in the driver’s qualification               end of the 2-year period, the person may
                                                    future performance, FMCSA concludes
                                                                                                            file, or keep a copy in his/her driver’s              apply to FMCSA for a renewal under
                                                    their ability to drive safely can be
                                                                                                            qualification file if he/she is self-                 procedures in effect at that time.
                                                    projected into the future.
                                                       We believe that the applicants’                      employed. The driver must have a copy                   Issued on: February 27, 2017.
                                                    intrastate driving experience and history               of the certification when driving, for                Larry W. Minor,
                                                    provide an adequate basis for predicting                presentation to a duly authorized                     Associate Administrator for Policy.
                                                    their ability to drive safely in interstate             Federal, State, or local enforcement                  [FR Doc. 2017–04258 Filed 3–3–17; 8:45 am]
                                                    commerce. Intrastate driving, like                      official.                                             BILLING CODE 4910–EX–P
                                                    interstate operations, involves                         V. Discussion of Comments
                                                    substantial driving on highways on the
                                                                                                              FMCSA received one comment in this                  DEPARTMENT OF TRANSPORTATION
                                                    interstate system and on other roads
                                                                                                            proceeding. Daniel E. Kinney stated that
                                                    built to interstate standards. Moreover,
                                                                                                            he has been put in a financial hardship               Federal Motor Carrier Safety
                                                    driving in congested urban areas
                                                                                                            while waiting for his vision exemption.               Administration
                                                    exposes the driver to more pedestrian
                                                                                                            He was issued an exemption effective as
                                                    and vehicular traffic than exists on                                                                          [Docket No. FMCSA–1998–4334; FMCSA–
                                                                                                            of December 30, 2016.
                                                    interstate highways. Faster reaction to                                                                       1999–5578; FMCSA–1999–6156; FMCSA–
                                                    traffic and traffic signals is generally                IV. Conclusion                                        2001–9561; FMCSA–2001–11426; FMCSA–
                                                    required because distances between                                                                            2006–24015; FMCSA–2006–24783; FMCSA–
                                                                                                              Based upon its evaluation of the 31                 2008–0021; FMCSA–2008–0106; FMCSA–
                                                    them are more compact. These                            exemption applications, FMCSA
                                                    conditions tax visual capacity and                                                                            2008–0174; FMCSA–2009–0154; FMCSA–
                                                                                                            exempts the following drivers from the                2009–0206; FMCSA–2009–0291; FMCSA–
                                                    driver response just as intensely as                    vision requirement in 49 CFR                          2010–0050; FMCSA–2010–0082; FMCSA–
                                                    interstate driving conditions. The                      391.41(b)(10), subject to the                         2010–0114; FMCSA–2011–0324; FMCSA–
                                                    veteran drivers in this proceeding have                 requirements cited above 49 CFR                       2011–0379; FMCSA–2012–0104; FMCSA–
                                                    operated CMVs safely under those                        391.64(b):                                            2012–0106; FMCSA–2012–0159; FMCSA–
                                                    conditions for at least 3 years, most for                                                                     2012–0160; FMCSA–2012–0161; FMCSA–
                                                    much longer. Their experience and                       James A. Bartolo, Jr. (CA)                            2014–0002; FMCSA–2014–0003; FMCSA–
                                                                                                            Harry S. Bumps (VT)                                   2014–0006; FMCSA–2014–0007; FMCSA–
                                                    driving records lead us to believe that
                                                                                                            Brian T. Castoldi (CT)                                2014–0008]
                                                    each applicant is capable of operating in               William B. Friend (MD)
                                                    interstate commerce as safely as he/she                 Willie George (NY)
                                                    has been performing in intrastate                                                                             Qualification of Drivers; Exemption
                                                                                                            David E. Goff (MA)                                    Applications; Vision
                                                    commerce. Consequently, FMCSA finds
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                                                                                                            Michael Golebiowski (IL)
                                                    that exempting these applicants from                    Dana L. Gould (ME)                                    AGENCY: Federal Motor Carrier Safety
                                                    the vision requirement in 49 CFR                        Johnny J. Gowdy (MS)                                  Administration (FMCSA), DOT.
                                                    391.41(b)(10) is likely to achieve a level              Richard E. Hadler (MN)                                ACTION: Notice of final disposition.
                                                    of safety equal to that existing without                Donald J. Harrison (IA)
                                                    the exemption. For this reason, the                     Channing L. Herrell (MD)                              SUMMARY:  FMCSA announces its
                                                    Agency is granting the exemptions for                   Loyd F. Hovey (NY)                                    decision to renew exemptions for 100
                                                    the 2-year period allowed by 49 U.S.C.                  George T. Huffman Jr. (IL)                            individuals from the vision requirement
                                                    31136(e) and 31315 to the 31 applicants                 Daniel E. Kinney (IL)                                 in the Federal Motor Carrier Safety


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Document Created: 2017-03-04 00:06:51
Document Modified: 2017-03-04 00:06:51
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 December 30, 2016. The exemptions expire on December 30, 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 Citation82 FR 12683 

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