82_FR_19026 82 FR 18949 - Qualification of Drivers; Exemption Applications; Vision

82 FR 18949 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18949-18951
FR Document2017-08201

FMCSA announces its decision to exempt 14 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 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18949-18951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08201]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0214]


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 14 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 April 6, 2017. The exemptions expire 
on April 6, 2019.

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 March 6, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 12678). That notice listed 14 applicants' case histories. 
The 14 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 14 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 14 
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, cataract, complete loss of vision, 
macular hole, optic atrophy, poor vision, prosthetic eye, and retinal 
detachment. In most cases, their eye conditions were not recently 
developed. Twelve of the applicants were either born with their vision 
impairments or have had them since childhood.
    The 2 individuals that sustained their vision conditions as adults 
have had it for a range of 5 to 13 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.

[[Page 18950]]

    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 14 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 from 3 to 26 
years. In the past three years, no drivers were involved in crashes 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 March 6, 2017 
notice (82 FR 12678).

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 14 applicants, no drivers were involved in crashes and 1 driver was 
convicted of a moving violation in a CMV. All the applicants achieved a 
record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 14 applicants listed in the notice of March 
6, 2017 (82 FR 12678).
    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 14 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.

[[Page 18951]]

V. Discussion of Comments

    FMCSA received one comment in this proceeding. An anonymous 
commenter stated that they disagree with granting the exemptions, 
citing safety concerns. FMCSA has evaluated the medical records and 
driving histories of all 14 drivers included in this document and has 
determined that granting the exemptions will create an equal or greater 
level of safety as restricting them to driving in intrastate commerce.

IV. Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10):
Tyler D. Baseman (MN)
Robert A. Ferrucci (FL)
Gary W. Fields (VA)
Michael D. Greene, Jr. (VT)
Cory W. Haupt (SD)
Joseph E. Jones (GA)
Peter W. Lampasone (NY)
Edward H. Lampe (OR)
Thomas L. Lange (CO)
Ronald R. Matheson (WY)
Jason C. Nicklow, Sr. (PA)
Lawrence M. Taylor (RI)
Eric M. Turton (NY)
Kendrick T. Williams (NC)

    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: April 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08201 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                             18949

                                                  ADDRESSES:   Documents are available for                Motor Carrier Safety Regulations                        Under 49 U.S.C. 31136(e) and 31315,
                                                  review at Immokalee Regional Airport,                   (FMCSRs). They are unable to meet the                 FMCSA may grant an exemption for a
                                                  and the FAA Airports District Office,                   vision requirement in one eye for                       2-year period if it finds ‘‘such
                                                  5950 Hazeltine National Drive, Suite                    various reasons. The exemptions will                  exemption would likely achieve a level
                                                  400, Orlando, FL 32822. Written                         enable these individuals to operate                   of safety that is equivalent to or greater
                                                  comments on the Sponsor’s request                       commercial motor vehicles (CMVs) in                   than the level that would be achieved
                                                  must be delivered or mailed to: Pedro                   interstate commerce without meeting                   absent such exemption.’’ The statute
                                                  Blanco, Community Planner, Orlando                      the prescribed vision requirement in                  also allows the Agency to renew
                                                  Airports District Office, 5950 Hazeltine                one eye. The Agency has concluded that                exemptions at the end of the 2-year
                                                  National Drive, Suite 400, Orlando, FL                  granting these exemptions will provide                period. Accordingly, FMCSA has
                                                  32822–5024.                                             a level of safety that is equivalent to or            evaluated the 14 applications on their
                                                  FOR FURTHER INFORMATION CONTACT:                        greater than the level of safety                      merits and made a determination to
                                                  Pedro Blanco, Community Planner,                        maintained without the exemptions for                 grant exemptions to each of them.
                                                  Orlando Airports District Office, 5950                  these CMV drivers.                                    III. Vision and Driving Experience of
                                                  Hazeltine National Drive, Suite 400,                    DATES: The exemptions were granted                    the Applicants
                                                  Orlando, FL 32822–5024. Telephone                       April 6, 2017. The exemptions expire on                  The vision requirement in the
                                                  number (407) 812–6331.                                  April 6, 2019.                                        FMCSRs provides:
                                                  SUPPLEMENTARY INFORMATION: Section                      FOR FURTHER INFORMATION CONTACT: Ms.                     A person is physically qualified to
                                                  125 of The Wendell H. Ford Aviation                     Christine A. Hydock, Chief, Medical                   drive a commercial motor vehicle if that
                                                  Investment and Reform Act for the 21st                  Programs Division, (202) 366–4001,                    person has distant visual acuity of at
                                                  Century (AIR–21) requires the FAA to                    fmcsamedical@dot.gov, FMCSA,                          least 20/40 (Snellen) in each eye
                                                  provide an opportunity for public notice                Department of Transportation, 1200                    without corrective lenses or visual
                                                  and comment prior to the ‘‘waiver’’ or                  New Jersey Avenue SE., Room W64–                      acuity separately corrected to 20/40
                                                  ‘‘modification’’ of a sponsor’s Federal                 113, Washington, DC 20590–0001.                       (Snellen) or better with corrective
                                                  obligation to use certain airport land for              Office hours are 8:30 a.m. to 5 p.m., e.t.,           lenses, distant binocular acuity of a least
                                                  non-aeronautical purposes.                              Monday through Friday, except Federal                 20/40 (Snellen) in both eyes with or
                                                     The following is a brief overview of                 holidays. If you have questions                       without corrective lenses, field of vision
                                                  the request:                                            regarding viewing or submitting                       of at least 70° in the horizontal meridian
                                                     The Collier County Airport Authority                 material to the docket, contact Docket                in each eye, and the ability to recognize
                                                  is proposing to release approximately                   Services, telephone (202) 366–9826.                   the colors of traffic signals and devices
                                                  5,200 square feet of warehouse space,                   SUPPLEMENTARY INFORMATION:                            showing red, green, and amber (49 CFR
                                                  owned by the authority, located at 170                                                                        391.41(b)(10)).
                                                  Airpark Blvd., Units A & B at                           I. Electronic Access                                     FMCSA recognizes that some drivers
                                                  Immokalee Regional Airport. This                           You may see all the comments online                do not meet the vision requirement but
                                                  project will allow Collier County to                    through the Federal Document                          have adapted their driving to
                                                  receive grant funding from the US                       Management System (FDMS) at http://                   accommodate their limitation and
                                                  Economic Development Administration                     www.regulations.gov.                                  demonstrated their ability to drive
                                                  (EDA) to renovate and improve both an                      Docket: For access to the docket to                safely. The 14 exemption applicants
                                                  existing and currently vacant warehouse                 read background documents or                          listed in this notice are in this category.
                                                  for culinary-related businesses. The                    comments, go to http://                               They are unable to meet the vision
                                                  Collier County Airport Authority has                    www.regulations.gov and/or Room                       requirement in one eye for various
                                                  approved of this action and has agreed                  W12–140 on the ground level of the                    reasons, including amblyopia, cataract,
                                                  to rent payments set at Fair Market                     West Building, 1200 New Jersey Avenue                 complete loss of vision, macular hole,
                                                  Value of $6 per square foot annually,                   SE., Washington, DC, between 9 a.m.                   optic atrophy, poor vision, prosthetic
                                                  plus fees at $2,637.00 per month.                       and 5 p.m., e.t., Monday through Friday,              eye, and retinal detachment. In most
                                                  Bart Vernace,                                           except Federal holidays.                              cases, their eye conditions were not
                                                                                                             Privacy Act: In accordance with 5                  recently developed. Twelve of the
                                                  Manager, Orlando Airports District Office,
                                                  Southern Region.
                                                                                                          U.S.C. 553(c), DOT solicits comments                  applicants were either born with their
                                                                                                          from the public to better inform its                  vision impairments or have had them
                                                  [FR Doc. 2017–08235 Filed 4–21–17; 8:45 am]
                                                                                                          rulemaking process. DOT posts these                   since childhood.
                                                  BILLING CODE 4910–13–P
                                                                                                          comments, without edit, including any                    The 2 individuals that sustained their
                                                                                                          personal information the commenter                    vision conditions as adults have had it
                                                                                                          provides, to www.regulations.gov, as                  for a range of 5 to 13 years.
                                                  DEPARTMENT OF TRANSPORTATION                                                                                     Although each applicant has one eye
                                                                                                          described in the system of records
                                                  Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   which does not meet the vision
                                                  Administration                                          be reviewed at www.dot.gov/privacy.                   requirement in 49 CFR 391.41(b)(10),
                                                                                                                                                                each has at least 20/40 corrected vision
                                                  [Docket No. FMCSA–2016–0214]                            II. Background                                        in the other eye, and in a doctor’s
                                                                                                            On March 6, 2017, FMCSA published                   opinion, has sufficient vision to perform
                                                  Qualification of Drivers; Exemption                     a notice of receipt of exemption                      all the tasks necessary to operate a CMV.
                                                  Applications; Vision                                    applications from certain individuals,                Doctors’ opinions are supported by the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  AGENCY: Federal Motor Carrier Safety                    and requested comments from the                       applicants’ possession of valid
                                                  Administration (FMCSA), DOT.                            public (82 FR 12678). That notice listed              commercial driver’s licenses (CDLs) or
                                                  ACTION: Notice of final disposition.                    14 applicants’ case histories. The 14                 non-CDLs to operate CMVs. Before
                                                                                                          individuals applied for exemptions from               issuing CDLs, States subject drivers to
                                                  SUMMARY:   FMCSA announces its                          the vision requirement in 49 CFR                      knowledge and skills tests designed to
                                                  decision to exempt 14 individuals from                  391.41(b)(10), for drivers who operate                evaluate their qualifications to operate a
                                                  the vision requirement in the Federal                   CMVs in interstate commerce.                          CMV.


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                                                  18950                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                    All of these applicants satisfied the                 study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                  testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                                  residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                                  requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                                  demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
                                                  CMV, with their limited vision, to the                  March 26, 1996). The fact that                        driving in congested urban areas
                                                  satisfaction of the State.                              experienced monocular drivers                         exposes the driver to more pedestrian
                                                    While possessing a valid CDL or non-                  demonstrated safe driving records in the              and vehicular traffic than exists on
                                                  CDL, these 14 drivers have been                         waiver program supports a conclusion                  interstate highways. Faster reaction to
                                                  authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                 traffic and traffic signals is generally
                                                  commerce, even though their vision                      the same qualifying conditions as those               required because distances between
                                                  disqualified them from driving in                       required by the waiver program, are also              them are more compact. These
                                                  interstate commerce. They have driven                   likely to have adapted to their vision                conditions tax visual capacity and
                                                  CMVs with their limited vision in                       deficiency and will continue to operate               driver response just as intensely as
                                                  careers ranging from 3 to 26 years. In the              safely.                                               interstate driving conditions. The
                                                  past three years, no drivers were                          The first major research correlating               veteran drivers in this proceeding have
                                                  involved in crashes and 1 driver was                    past and future performance was done                  operated CMVs safely under those
                                                  convicted of a moving violation in a                    in England by Greenwood and Yule in                   conditions for at least 3 years, most for
                                                  CMV.                                                    1920. Subsequent studies, building on                 much longer. Their experience and
                                                    The qualifications, experience, and                   that model, concluded that crash rates                driving records lead us to believe that
                                                  medical condition of each applicant                     for the same individual exposed to                    each applicant is capable of operating in
                                                  were stated and discussed in detail in                  certain risks for two different time                  interstate commerce as safely as he/she
                                                  the March 6, 2017 notice (82 FR 12678).                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                  IV. Basis for Exemption Determination                   and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                                                                          Publications in Statistics, April 1952).              that exempting these applicants from
                                                    Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                  FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                  the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                  391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                  to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                  of safety than would be achieved                        conviction history—are used every day                 the 2-year period allowed by 49 U.S.C.
                                                  without the exemption. Without the                      by insurance companies and motor                      31136(e) and 31315 to the 14 applicants
                                                  exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of March 6, 2017 (82
                                                  be restricted to intrastate driving. With               probability of an individual                          FR 12678).
                                                  the exemption, applicants can drive in                  experiencing future crashes (See Weber,                  We recognize that the vision of an
                                                  interstate commerce. Thus, our analysis                 Donald C., ‘‘Accident Rate Potential: An              applicant may change and affect his/her
                                                  focuses on whether an equal or greater                  Application of Multiple Regression                    ability to operate a CMV as safely as in
                                                  level of safety is likely to be achieved by             Analysis of a Poisson Process,’’ Journal              the past. As a condition of the
                                                  permitting each of these drivers to drive               of American Statistical Association,                  exemption, therefore, FMCSA will
                                                  in interstate commerce as opposed to                    June 1971). A 1964 California Driver                  impose requirements on the 14
                                                  restricting him or her to driving in                    Record Study prepared by the California               individuals consistent with the
                                                  intrastate commerce.                                    Department of Motor Vehicles                          grandfathering provisions applied to
                                                    To evaluate the effect of these                       concluded that the best overall crash                 drivers who participated in the
                                                  exemptions on safety, FMCSA                             predictor for both concurrent and                     Agency’s vision waiver program.
                                                  considered the medical reports about                    nonconcurrent events is the number of                    Those requirements are found at 49
                                                  the applicants’ vision as well as their                 single convictions. This study used 3                 CFR 391.64(b) and include the
                                                  driving records and experience with the                 consecutive years of data, comparing the              following: (1) That each individual be
                                                  vision deficiency.                                      experiences of drivers in the first 2 years           physically examined every year (a) by
                                                    To qualify for an exemption from the                  with their experiences in the final year.             an ophthalmologist or optometrist who
                                                  vision requirement, FMCSA requires a                       Applying principles from these                     attests that the vision in the better eye
                                                  person to present verifiable evidence                   studies to the past 3-year record of the              continues to meet the requirement in 49
                                                  that he/she has driven a commercial                     14 applicants, no drivers were involved               CFR 391.41(b)(10) and (b) by a medical
                                                  vehicle safely with the vision deficiency               in crashes and 1 driver was convicted of              examiner who attests that the individual
                                                  for the past 3 years. Recent driving                    a moving violation in a CMV. All the                  is otherwise physically qualified under
                                                  performance is especially important in                  applicants achieved a record of safety                49 CFR 391.41; (2) that each individual
                                                  evaluating future safety, according to                  while driving with their vision                       provide a copy of the ophthalmologist’s
                                                  several research studies designed to                    impairment, demonstrating the                         or optometrist’s report to the medical
                                                  correlate past and future driving                       likelihood that they have adapted their               examiner at the time of the annual
                                                  performance. Results of these studies                   driving skills to accommodate their                   medical examination; and (3) that each
                                                  support the principle that the best                     condition. As the applicants’ ample                   individual provide a copy of the annual
                                                  predictor of future performance by a                    driving histories with their vision                   medical certification to the employer for
                                                                                                                                                                retention in the driver’s qualification
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  driver is his/her past record of crashes                deficiencies are good predictors of
                                                  and traffic violations. Copies of the                   future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  studies may be found at Docket Number                   their ability to drive safely can be                  qualification file if he/she is self-
                                                  FMCSA–1998–3637.                                        projected into the future.                            employed. The driver must have a copy
                                                    FMCSA believes it can properly apply                     We believe that the applicants’                    of the certification when driving, for
                                                  the principle to monocular drivers,                     intrastate driving experience and history             presentation to a duly authorized
                                                  because data from the Federal Highway                   provide an adequate basis for predicting              Federal, State, or local enforcement
                                                  Administration’s (FHWA) former waiver                   their ability to drive safely in interstate           official.


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                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                            18951

                                                  V. Discussion of Comments                               DEPARTMENT OF TRANSPORTATION                          provides, to http://www.regulations.gov,
                                                                                                                                                                as described in the system of records
                                                    FMCSA received one comment in this                    Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  proceeding. An anonymous commenter                      Administration                                        be reviewed at http://www.dot.gov/
                                                  stated that they disagree with granting                                                                       privacy.
                                                                                                          [Docket No. FMCSA–2006–26321; FMCSA–
                                                  the exemptions, citing safety concerns.                 2007–29286; FMCSA–2008–0341; FMCSA–
                                                  FMCSA has evaluated the medical                                                                               II. Background
                                                                                                          2010–0414; FMCSA–2010–0427; FMCSA–
                                                  records and driving histories of all 14                 2012–0349; FMCSA–2012–0350; FMCSA–                       On March 7, 2017, FMCSA published
                                                  drivers included in this document and                   2012–0351; FMCSA–2014–0312]                           a notice announcing its decision to
                                                  has determined that granting the                                                                              renew exemptions for 152 individuals
                                                  exemptions will create an equal or                      Qualification of Drivers; Exemption                   from the insulin-treated diabetes
                                                  greater level of safety as restricting them             Applications; Diabetes                                mellitus prohibition in 49 CFR
                                                  to driving in intrastate commerce.                      AGENCY: Federal Motor Carrier Safety                  391.41(b)(3) to operate a CMV in
                                                                                                          Administration (FMCSA), DOT.                          interstate commerce and requested
                                                  IV. Conclusion                                                                                                comments from the public (82 FR
                                                                                                          ACTION: Notice of final disposition.
                                                                                                                                                                12886). The public comment period
                                                    Based upon its evaluation of the 14                                                                         ended on April 6, 2017, and no
                                                  exemption applications, FMCSA                           SUMMARY:    FMCSA announces its
                                                                                                          decision to renew exemptions of 152                   comments were received.
                                                  exempts the following drivers from the                                                                           As stated in the previous notice,
                                                                                                          individuals from its prohibition in the
                                                  vision requirement in 49 CFR                                                                                  FMCSA has evaluated the eligibility of
                                                                                                          Federal Motor Carrier Safety
                                                  391.41(b)(10):                                                                                                these applicants and determined that
                                                                                                          Regulations (FMCSRs) against persons
                                                  Tyler D. Baseman (MN)                                   with insulin-treated diabetes mellitus                renewing these exemptions would
                                                                                                          (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                                  Robert A. Ferrucci (FL)
                                                                                                          motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                  Gary W. Fields (VA)                                                                                           achieved by complying with the current
                                                                                                          commerce. The exemptions enable these
                                                  Michael D. Greene, Jr. (VT)                             individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                                                                                          operate CMVs in interstate commerce.                     The physical qualification standard
                                                  Cory W. Haupt (SD)
                                                                                                                                                                for drivers regarding diabetes found in
                                                  Joseph E. Jones (GA)                                    DATES: Each group of renewed
                                                                                                                                                                49 CFR 391.41(b)(3) states that a person
                                                                                                          exemptions was effective on the dates
                                                  Peter W. Lampasone (NY)                                                                                       is physically qualified to drive a CMV
                                                                                                          stated in the discussions below and will
                                                  Edward H. Lampe (OR)                                                                                          if that person has no established
                                                                                                          expire on the dates stated in the
                                                                                                                                                                medical history or clinical diagnosis of
                                                  Thomas L. Lange (CO)                                    discussions below.
                                                                                                                                                                diabetes mellitus currently requiring
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Ronald R. Matheson (WY)                                                                                       insulin for control.
                                                                                                          Christine A. Hydock, Chief, Medical
                                                  Jason C. Nicklow, Sr. (PA)                              Programs Division, 202–366–4001,                      III. Discussion of Comments
                                                  Lawrence M. Taylor (RI)                                 fmcsamedical@dot.gov, FMCSA,                             FMCSA received no comments in this
                                                  Eric M. Turton (NY)                                     Department of Transportation, 1200                    preceding.
                                                                                                          New Jersey Avenue SE., Room W64–
                                                  Kendrick T. Williams (NC)                               224, Washington, DC 20590–0001.                       IV. Conclusion
                                                     In accordance with 49 U.S.C. 31136(e)                Office hours are from 8 a.m. to 5:30                    Based upon its evaluation of the 152
                                                  and 31315, each exemption will be valid                 p.m., e.t., Monday through Friday,                    renewal exemption applications and
                                                  for 2 years unless revoked earlier by                   except Federal holidays. If you have                  that no comments were received,
                                                  FMCSA. The exemption will be revoked                    questions regarding viewing or                        FMCSA confirms its’ decision to exempt
                                                  if: (1) The person fails to comply with                 submitting material to the docket,                    the following drivers from the rule
                                                                                                          contact Docket Services, telephone (202)              prohibiting drivers with ITDM from
                                                  the terms and conditions of the
                                                                                                          366–9826.                                             driving CMVs in interstate commerce in
                                                  exemption; (2) the exemption has
                                                                                                          SUPPLEMENTARY INFORMATION:                            49 CFR 391.41(b)(3).
                                                  resulted in a lower level of safety than
                                                                                                                                                                  As of February 1, 2017, and in
                                                  was maintained before it was granted; or                I. Electronic Access                                  accordance with 49 U.S.C. 31136(e) and
                                                  (3) continuation of the exemption would                    You may see all the comments online                31315, the following 10 individuals
                                                  not be consistent with the goals and                    through the Federal Document                          have satisfied the renewal conditions for
                                                  objectives of 49 U.S.C. 31136 and 31315.                Management System (FDMS) at: http://                  obtaining an exemption from the rule
                                                     If the exemption is still effective at the           www.regulations.gov.                                  prohibiting drivers with ITDM from
                                                  end of the 2-year period, the person may                   Docket: For access to the docket to                driving CMVs in interstate commerce
                                                  apply to FMCSA for a renewal under                      read background documents or                          (72 FR 69280; 73 FR 6247):
                                                  procedures in effect at that time.                      comments, go to http://                               Steven G. Boggs (KS)
                                                                                                          www.regulations.gov and/or Room                       Jessie L. Brock II (TX)
                                                    Issued on: April 17, 2017.
                                                                                                          W12–140 on the ground level of the                    Challis J. Crismore (MT)
                                                  Larry W. Minor,                                         West Building, 1200 New Jersey Avenue                 David J. Jansen (OH)
                                                  Associate Administrator for Policy.                     SE., Washington, DC, between 9 a.m.                   Lawrence A. Kibler (PA)
                                                                                                                                                                Arthur J. Medrano (CA)
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  [FR Doc. 2017–08201 Filed 4–21–17; 8:45 am]             and 5 p.m., e.t., Monday through Friday,
                                                  BILLING CODE 4910–EX–P                                  except Federal holidays.                              Mark R. Perkins (NV)
                                                                                                             Privacy Act: In accordance with 5                  Christopher C. Schuch (MA)
                                                                                                          U.S.C. 553(c), DOT solicits comments                  Timothy Short (PA)
                                                                                                          from the public to better inform its                  Uve J. Witsch (CA)
                                                                                                          rulemaking process. DOT posts these                     The drivers were included in docket
                                                                                                          comments, without edit, including any                 No. FMCSA–2007–29286. Their
                                                                                                          personal information the commenter                    exemptions are effective as of February


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Document Created: 2017-04-22 00:11:23
Document Modified: 2017-04-22 00:11:23
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 April 6, 2017. The exemptions expire on April 6, 2019.
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 18949 

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