82_FR_19033 82 FR 18956 - Qualification of Drivers; Exemption Applications; Vision

82 FR 18956 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range18956-18958
FR Document2017-08193

FMCSA announces its decision to exempt 17 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 18956-18958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08193]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0377]


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 17 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 8, 2017. The exemptions expire 
on April 8, 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 8, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 13045). That notice listed 17 applicants' case histories. 
The 17 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 17 applications on their merits 
and made a determination to grant exemptions to each of them.

[[Page 18957]]

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 17 
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, central retinal vein occlusion, 
complete loss of vision, corneal scar, phthisis bulbi, prosthetic eye, 
retinal scar, and toxoplasmosis scar. In most cases, their eye 
conditions were not recently developed. Eleven of the applicants were 
either born with their vision impairments or have had them since 
childhood.
    The six individuals that sustained their vision conditions as 
adults have had it for a range of 11 to 42 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 17 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 46 
years. In the past three years, two drivers were involved in crashes 
and no drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 8, 2017 
notice (82 FR 13045).

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 17 applicants, two drivers were involved in crashes and no drivers 
were convicted of moving violations in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These

[[Page 18958]]

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 17 applicants 
listed in the notice of March 8, 2017 (82 FR 13045).
    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 17 individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time of the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 17 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10):

Chad C. Burnett (IL)
Lesco R. Chubb (GA)
Stephen M. Currie (TX)
Thomas C. Fitzpatrick (ME)
Robert D. Hattabaugh (AR)
Wade R. Higgins (NC)
Daniel L. Holman (UT)
Don N. Hood (AR)
James S. Hummel (PA)
Robert R. Martin (VA)
James C. Montgomery (TN)
Huber N. Pena Ortega (CO)
Garry W. Perkins (NH)
Charles M. Reese (UT)
Wilbur Robinson, Jr. (NJ)
Thomas R. Test (VA)
Steven L. Tiefenthaler (IA)

    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. 2017-08193 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  18956                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  Gordon R. Ulm                                           individual or on behalf of a third party              maintained without the exemptions for
                                                     Mr. Ulm, 72, has had amblyopia in his                and then submit. If you submit your                   these CMV drivers.
                                                  left eye since childhood. The visual                    comments by mail or hand delivery,                    DATES: The exemptions were granted
                                                  acuity in his right eye is 20/20, and in                submit them in an unbound format, no                  April 8, 2017. The exemptions expire on
                                                  his left eye, 20/400. Following an                      larger than 81⁄2 by 11 inches, suitable for           April 8, 2019.
                                                  examination in 2017, his                                copying and electronic filing. If you                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                  ophthalmologist stated, ‘‘Mr. Ulm has                   submit comments by mail and would                     Christine A. Hydock, Chief, Medical
                                                  sufficient vision to perform the driving                like to know that they reached the                    Programs Division, (202) 366–4001,
                                                  tasks required to operate a commercial                  facility, please enclose a stamped, self-             fmcsamedical@dot.gov, FMCSA,
                                                  vehicle.’’ Mr. Ulm reported that he has                 addressed postcard or envelope.                       Department of Transportation, 1200
                                                  driven straight trucks for 30 years,                       FMCSA will consider all comments                   New Jersey Avenue SE., Room W64–
                                                  accumulating 90,000 miles. He holds an                  and material received during the                      113, Washington, DC 20590–0001.
                                                  operator’s license from Ohio. His                       comment period. FMCSA may issue a                     Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  driving record for the last 3 years shows               final determination at any time after the             Monday through Friday, except Federal
                                                  no crashes and no convictions for                       close of the comment period.                          holidays. If you have questions
                                                  moving violations in a CMV.                             Viewing Comments and Documents                        regarding viewing or submitting
                                                                                                                                                                material to the docket, contact Docket
                                                  Gary L. Warner                                             To view comments, as well as
                                                                                                                                                                Services, telephone (202) 366–9826.
                                                     Mr. Warner, 61, has had a prosthetic                 documents mentioned in this preamble
                                                                                                          as being available in the docket, go to               SUPPLEMENTARY INFORMATION:
                                                  left eye since childhood. The visual
                                                  acuity in his right eye is 20/20, and in                http://www.regulations.gov and insert                 I. Electronic Access
                                                  his left eye, no light perception.                      the docket number FMCSA–2017–0016
                                                                                                                                                                   You may see all the comments online
                                                  Following an examination in 2017, his                   in the ‘‘Keyword’’ box and click
                                                                                                                                                                through the Federal Document
                                                  optometrist stated, ‘‘Mr. Warner had                    ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                                                                                Management System (FDMS) at http://
                                                  been driving commercial vehicles for                    Folder’’ button and choose the
                                                                                                                                                                www.regulations.gov.
                                                  almost 40 years, he is completely                       document listed to review. If you do not                 Docket: For access to the docket to
                                                  adapted to his eye injury many years                    have access to the Internet, you may                  read background documents or
                                                  ago and I have no visual concerns                       view the docket online by visiting the                comments, go to http://
                                                  regarding his safe operation of a                       Docket Management Facility in Room                    www.regulations.gov and/or Room
                                                  commercial vehicle.’’ Mr. Warner                        W12–140 on the ground floor of the                    W12–140 on the ground level of the
                                                  reported that he has driven tractor-                    DOT West Building, 1200 New Jersey                    West Building, 1200 New Jersey Avenue
                                                  trailer combinations for 17 years,                      Avenue SE., Washington, DC 20590,                     SE., Washington, DC, between 9 a.m.
                                                  accumulating 467,500 miles. He holds a                  between 9 a.m. and 5 p.m., e.t., Monday               and 5 p.m., e.t., Monday through Friday,
                                                  Class AM CDL from Virginia. His                         through Friday, except Federal holidays.              except Federal holidays.
                                                  driving record for the last 3 years shows                 Issued on: April 17, 2017.                             Privacy Act: In accordance with 5
                                                  no crashes and no convictions for                       Larry W. Minor,                                       U.S.C. 553(c), DOT solicits comments
                                                  moving violations in a CMV.                             Associate Administrator for Policy.                   from the public to better inform its
                                                                                                          [FR Doc. 2017–08195 Filed 4–21–17; 8:45 am]           rulemaking process. DOT posts these
                                                  III. Public Participation and Request for                                                                     comments, without edit, including any
                                                  Comments                                                BILLING CODE 4910–EX–P
                                                                                                                                                                personal information the commenter
                                                     FMCSA encourages you to participate                                                                        provides, to www.regulations.gov, as
                                                  by submitting comments and related                      DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                  materials.                                                                                                    notice (DOT/ALL–14 FDMS), which can
                                                  Submitting Comments                                     Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                                                                          Administration                                        II. Background
                                                     If you submit a comment, please
                                                  include the docket number for this                      [Docket No. FMCSA–2016–0377]                             On March 8, 2017, FMCSA published
                                                  notice, indicate the specific section of                                                                      a notice of receipt of exemption
                                                  this document to which each comment                     Qualification of Drivers; Exemption
                                                                                                                                                                applications from certain individuals,
                                                  applies, and provide a reason for each                  Applications; Vision
                                                                                                                                                                and requested comments from the
                                                  suggestion or recommendation. You                       AGENCY: Federal Motor Carrier Safety                  public (82 FR 13045). That notice listed
                                                  may submit your comments and                            Administration (FMCSA), DOT.                          17 applicants’ case histories. The 17
                                                  material online or by fax, mail, or hand                ACTION: Notice of final disposition.                  individuals applied for exemptions from
                                                  delivery, but please use only one of                                                                          the vision requirement in 49 CFR
                                                  these means. FMCSA recommends that                      SUMMARY:    FMCSA announces its                       391.41(b)(10), for drivers who operate
                                                  you include your name and a mailing                     decision to exempt 17 individuals from                CMVs in interstate commerce.
                                                  address, an email address, or a phone                   the vision requirement in the Federal                    Under 49 U.S.C. 31136(e) and 31315,
                                                  number in the body of your document                     Motor Carrier Safety Regulations                      FMCSA may grant an exemption for a
                                                  so the Agency can contact you if it has                 (FMCSRs). They are unable to meet the                 2-year period if it finds ‘‘such
                                                  questions regarding your submission.                    vision requirement in one eye for                     exemption would likely achieve a level
                                                     To submit your comment online, go to                 various reasons. The exemptions will                  of safety that is equivalent to or greater
                                                  http://www.regulations.gov and put the                  enable these individuals to operate                   than the level that would be achieved
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  docket number FMCSA–2017–0016 in                        commercial motor vehicles (CMVs) in                   absent such exemption.’’ The statute
                                                  the ‘‘Keyword’’ box, and click ‘‘Search.                interstate commerce without meeting                   also allows the Agency to renew
                                                  When the new screen appears, click on                   the prescribed vision requirement in                  exemptions at the end of the 2-year
                                                  ‘‘Comment Now!’’ button and type your                   one eye. The Agency has concluded that                period. Accordingly, FMCSA has
                                                  comment into the text box in the                        granting these exemptions will provide                evaluated the 17 applications on their
                                                  following screen. Choose whether you                    a level of safety that is equivalent to or            merits and made a determination to
                                                  are submitting your comment as an                       greater than the level of safety                      grant exemptions to each of them.


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                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                             18957

                                                  III. Vision and Driving Experience of                   interstate commerce. They have driven                 likely to have adapted to their vision
                                                  the Applicants                                          CMVs with their limited vision in                     deficiency and will continue to operate
                                                     The vision requirement in the                        careers ranging from 3 to 46 years. In the            safely.
                                                                                                          past three years, two drivers were                       The first major research correlating
                                                  FMCSRs provides:
                                                                                                          involved in crashes and no drivers were               past and future performance was done
                                                     A person is physically qualified to
                                                                                                          convicted of moving violations in a                   in England by Greenwood and Yule in
                                                  drive a commercial motor vehicle if that
                                                                                                          CMV.                                                  1920. Subsequent studies, building on
                                                  person has distant visual acuity of at
                                                                                                            The qualifications, experience, and                 that model, concluded that crash rates
                                                  least 20/40 (Snellen) in each eye
                                                                                                          medical condition of each applicant                   for the same individual exposed to
                                                  without corrective lenses or visual
                                                                                                          were stated and discussed in detail in                certain risks for two different time
                                                  acuity separately corrected to 20/40
                                                                                                          the March 8, 2017 notice (82 FR 13045).               periods vary only slightly (See Bates
                                                  (Snellen) or better with corrective
                                                                                                                                                                and Neyman, University of California
                                                  lenses, distant binocular acuity of a least             IV. Basis for Exemption Determination
                                                                                                                                                                Publications in Statistics, April 1952).
                                                  20/40 (Snellen) in both eyes with or                      Under 49 U.S.C. 31136(e) and 31315,                 Other studies demonstrated theories of
                                                  without corrective lenses, field of vision              FMCSA may grant an exemption from                     predicting crash proneness from crash
                                                  of at least 70° in the horizontal meridian              the vision requirement in 49 CFR                      history coupled with other factors.
                                                  in each eye, and the ability to recognize               391.41(b)(10) if the exemption is likely              These factors—such as age, sex,
                                                  the colors of traffic signals and devices               to achieve an equivalent or greater level             geographic location, mileage driven and
                                                  showing red, green, and amber (49 CFR                   of safety than would be achieved                      conviction history—are used every day
                                                  391.41(b)(10)).                                         without the exemption. Without the                    by insurance companies and motor
                                                     FMCSA recognizes that some drivers                   exemption, applicants will continue to                vehicle bureaus to predict the
                                                  do not meet the vision requirement but                  be restricted to intrastate driving. With             probability of an individual
                                                  have adapted their driving to                           the exemption, applicants can drive in                experiencing future crashes (See Weber,
                                                  accommodate their limitation and                        interstate commerce. Thus, our analysis               Donald C., ‘‘Accident Rate Potential: An
                                                  demonstrated their ability to drive                     focuses on whether an equal or greater                Application of Multiple Regression
                                                  safely. The 17 exemption applicants                     level of safety is likely to be achieved by           Analysis of a Poisson Process,’’ Journal
                                                  listed in this notice are in this category.             permitting each of these drivers to drive             of American Statistical Association,
                                                  They are unable to meet the vision                      in interstate commerce as opposed to                  June 1971). A 1964 California Driver
                                                  requirement in one eye for various                      restricting him or her to driving in                  Record Study prepared by the California
                                                  reasons, including amblyopia, cataract,                 intrastate commerce.                                  Department of Motor Vehicles
                                                  central retinal vein occlusion, complete                  To evaluate the effect of these                     concluded that the best overall crash
                                                  loss of vision, corneal scar, phthisis                  exemptions on safety, FMCSA                           predictor for both concurrent and
                                                  bulbi, prosthetic eye, retinal scar, and                considered the medical reports about                  nonconcurrent events is the number of
                                                  toxoplasmosis scar. In most cases, their                the applicants’ vision as well as their               single convictions. This study used 3
                                                  eye conditions were not recently                        driving records and experience with the               consecutive years of data, comparing the
                                                  developed. Eleven of the applicants                     vision deficiency.                                    experiences of drivers in the first 2 years
                                                  were either born with their vision                        To qualify for an exemption from the                with their experiences in the final year.
                                                  impairments or have had them since                      vision requirement, FMCSA requires a                     Applying principles from these
                                                  childhood.                                              person to present verifiable evidence                 studies to the past 3-year record of the
                                                     The six individuals that sustained                   that he/she has driven a commercial                   17 applicants, two drivers were
                                                  their vision conditions as adults have                  vehicle safely with the vision deficiency             involved in crashes and no drivers were
                                                  had it for a range of 11 to 42 years.                   for the past 3 years. Recent driving                  convicted of moving violations in a
                                                     Although each applicant has one eye                  performance is especially important in                CMV. All the applicants achieved a
                                                  which does not meet the vision                          evaluating future safety, according to                record of safety while driving with their
                                                  requirement in 49 CFR 391.41(b)(10),                    several research studies designed to                  vision impairment, demonstrating the
                                                  each has at least 20/40 corrected vision                correlate past and future driving                     likelihood that they have adapted their
                                                  in the other eye, and in a doctor’s                     performance. Results of these studies                 driving skills to accommodate their
                                                  opinion, has sufficient vision to perform               support the principle that the best                   condition. As the applicants’ ample
                                                  all the tasks necessary to operate a CMV.               predictor of future performance by a                  driving histories with their vision
                                                  Doctors’ opinions are supported by the                  driver is his/her past record of crashes              deficiencies are good predictors of
                                                  applicants’ possession of valid                         and traffic violations. Copies of the                 future performance, FMCSA concludes
                                                  commercial driver’s licenses (CDLs) or                  studies may be found at Docket Number                 their ability to drive safely can be
                                                  non-CDLs to operate CMVs. Before                        FMCSA–1998–3637.                                      projected into the future.
                                                  issuing CDLs, States subject drivers to                   FMCSA believes it can properly apply                   We believe that the applicants’
                                                  knowledge and skills tests designed to                  the principle to monocular drivers,                   intrastate driving experience and history
                                                  evaluate their qualifications to operate a              because data from the Federal Highway                 provide an adequate basis for predicting
                                                  CMV.                                                    Administration’s (FHWA) former waiver                 their ability to drive safely in interstate
                                                     All of these applicants satisfied the                study program clearly demonstrate the                 commerce. Intrastate driving, like
                                                  testing requirements for their State of                 driving performance of experienced                    interstate operations, involves
                                                  residence. By meeting State licensing                   monocular drivers in the program is                   substantial driving on highways on the
                                                  requirements, the applicants                            better than that of all CMV drivers                   interstate system and on other roads
                                                  demonstrated their ability to operate a                 collectively (See 61 FR 13338, 13345,                 built to interstate standards. Moreover,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  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 17 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


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                                                  18958                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  conditions tax visual capacity and                      Lesco R. Chubb (GA)                                   FOR FURTHER INFORMATION CONTACT:      Mr.
                                                  driver response just as intensely as                    Stephen M. Currie (TX)                                Robert Brogan, Information Collection
                                                  interstate driving conditions. The                      Thomas C. Fitzpatrick (ME)                            Clearance Officer, Office of Railroad
                                                  veteran drivers in this proceeding have                 Robert D. Hattabaugh (AR)                             Safety, Regulatory Analysis Division,
                                                  operated CMVs safely under those                        Wade R. Higgins (NC)                                  RRS–21, Federal Railroad
                                                  conditions for at least 3 years, most for               Daniel L. Holman (UT)                                 Administration, 1200 New Jersey
                                                  much longer. Their experience and                       Don N. Hood (AR)                                      Avenue SE., Mail Stop 25, Washington,
                                                  driving records lead us to believe that                 James S. Hummel (PA)                                  DC 20590 (Telephone: (202) 493–6292);
                                                  each applicant is capable of operating in               Robert R. Martin (VA)                                 or Ms. Kim Toone, Information
                                                  interstate commerce as safely as he/she                 James C. Montgomery (TN)                              Collection Clearance Officer, Office of
                                                  has been performing in intrastate                       Huber N. Pena Ortega (CO)                             Administration, Office of Information
                                                  commerce. Consequently, FMCSA finds                     Garry W. Perkins (NH)                                 Technology, RAD–20, Federal Railroad
                                                  that exempting these applicants from                    Charles M. Reese (UT)                                 Administration, 1200 New Jersey
                                                  the vision requirement in 49 CFR                        Wilbur Robinson, Jr. (NJ)                             Avenue SE., Mail Stop 35, Washington,
                                                  391.41(b)(10) is likely to achieve a level              Thomas R. Test (VA)                                   DC 20590 (Telephone: (202) 493–6132).
                                                  of safety equal to that existing without                Steven L. Tiefenthaler (IA)                           (These telephone numbers are not toll
                                                  the exemption. For this reason, the                        In accordance with 49 U.S.C. 31136(e)              free.)
                                                  Agency is granting the exemptions for                   and 31315, each exemption will be valid               SUPPLEMENTARY INFORMATION: The PRA,
                                                  the 2-year period allowed by 49 U.S.C.                  for 2 years unless revoked earlier by                 44 U.S.C. 3501–3520, and its
                                                  31136(e) and 31315 to the 17 applicants                 FMCSA. The exemption will be revoked                  implementing regulations, 5 CFR part
                                                  listed in the notice of March 8, 2017 (82               if: (1) The person fails to comply with               1320, require Federal agencies to issue
                                                  FR 13045).                                              the terms and conditions of the                       two notices seeking public comment on
                                                     We recognize that the vision of an                   exemption; (2) the exemption has                      information collection activities before
                                                  applicant may change and affect his/her                 resulted in a lower level of safety than              OMB may approve paperwork packages.
                                                  ability to operate a CMV as safely as in                was maintained before it was granted; or              44 U.S.C. 3506, 3507; 5 CFR 1320.5,
                                                  the past. As a condition of the                         (3) continuation of the exemption would               1320.8(d)(1), and 1320.12. On November
                                                  exemption, therefore, FMCSA will                        not be consistent with the goals and                  2, 2016, FRA published a 60-day notice
                                                  impose requirements on the 17                           objectives of 49 U.S.C. 31136 and 31315.              in the Federal Register soliciting
                                                  individuals consistent with the                            If the exemption is still effective at the         comment on the ICR for which it is now
                                                  grandfathering provisions applied to                    end of the 2-year period, the person may              seeking OMB approval. See 81 FR
                                                  drivers who participated in the                         apply to FMCSA for a renewal under                    76411. FRA received three comments in
                                                  Agency’s vision waiver program.                         procedures in effect at that time.                    response to this notice.
                                                     Those requirements are found at 49                                                                            Comments were received from the
                                                  CFR 391.64(b) and include the                             Issued on: April 17, 2017.
                                                                                                          Larry W. Minor,
                                                                                                                                                                Brotherhood of Locomotive Engineers
                                                  following: (1) That each individual be                                                                        and Trainmen (BLET), the SMART
                                                  physically examined every year (a) by                   Associate Administrator for Policy.
                                                                                                                                                                Transportation Division (SMART–TD),
                                                  an ophthalmologist or optometrist who                   [FR Doc. 2017–08193 Filed 4–21–17; 8:45 am]
                                                                                                                                                                and the Association of American
                                                  attests that the vision in the better eye               BILLING CODE 4910–EX–P                                Railroads (AAR). FRA has contacted all
                                                  continues to meet the requirement in 49                                                                       three organizations to address any
                                                  CFR 391.41(b)(10) and (b) by a medical                                                                        comments and concerns, and will be
                                                  examiner who attests that the individual                DEPARTMENT OF TRANSPORTATION                          working with these organizations to
                                                  is otherwise physically qualified under                                                                       help facilitate the research study. All
                                                  49 CFR 391.41; (2) that each individual                 Federal Railroad Administration
                                                                                                                                                                three commenting organizations were
                                                  provide a copy of the ophthalmologist’s                 [Docket No. FRA–2017–0002–N–9]                        open to participation in the design or
                                                  or optometrist’s report to the medical                                                                        execution of the study.
                                                  examiner at the time of the annual                      Proposed Agency Information
                                                  medical examination; and (3) that each                  Collection Activities; Comment                        BLET’s Summary of Recommendations/
                                                  individual provide a copy of the annual                 Request: Cab Technology Integration                   Concerns
                                                  medical certification to the employer for               Lab (CTIL) Head-up Display Survey                       • BLET is supportive of FRA’s efforts
                                                  retention in the driver’s qualification                                                                       to study distraction, and suggests getting
                                                  file, or keep a copy in his/her driver’s                AGENCY: Federal Railroad
                                                                                                                                                                feedback from locomotive engineers as a
                                                  qualification file if he/she is self-                   Administration (FRA), Department of
                                                                                                                                                                method to gauge the degree of
                                                  employed. The driver must have a copy                   Transportation (DOT).
                                                                                                                                                                distraction that exists within the
                                                  of the certification when driving, for                  ACTION: Notice and comment request.                   locomotive cab;
                                                  presentation to a duly authorized                                                                               • BLET is concerned the FRA study is
                                                                                                          SUMMARY:   Under the Paperwork
                                                  Federal, State, or local enforcement                                                                          limited to the craft of locomotive
                                                                                                          Reduction Act of 1995 (PRA), this notice
                                                  official.                                                                                                     engineer; and
                                                                                                          announces that FRA is forwarding the                    • BLET is also concerned the FRA
                                                  V. Discussion of Comments                               new Information Collection Request                    study is not addressing other sources of
                                                    FMCSA received no comments in this                    (ICR) abstracted below to the Office of               distraction, such as Trip Optimizer or
                                                  proceeding.                                             Management and Budget (OMB) for                       Leader. BLET encourages FRA to follow
                                                                                                          review and comment. The ICR describes
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  IV. Conclusion                                                                                                up with a study that captures Trip
                                                                                                          the information collection and its                    Optimizer or Leader experiences in
                                                    Based upon its evaluation of the 17                   expected burden. On November 2, 2016,                 conjunction with the other potential
                                                  exemption applications, FMCSA                           FRA published a notice providing a 60-                distractors.
                                                  exempts the following drivers from the                  day period for public comment on the
                                                  vision requirement in 49 CFR                            ICR.                                                  FRA Responses
                                                  391.41(b)(10):                                          DATES: Comments must be submitted on                    • FRA will seek feedback from
                                                  Chad C. Burnett (IL)                                    or before May 24, 2017.                               multiple locomotive engineers


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Document Created: 2017-04-22 00:11:37
Document Modified: 2017-04-22 00:11:37
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 8, 2017. The exemptions expire on April 8, 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 18956 

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