82_FR_23810 82 FR 23712 - Qualification of Drivers; Exemption Applications; Vision

82 FR 23712 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23712-23714
FR Document2017-10563

FMCSA announces its decision to exempt 18 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 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23712-23714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10563]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0213]


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 18 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 11, 2017. The exemptions 
expire on April 11, 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 9, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 13187). That notice listed 18 applicants' case histories. 
The 18 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 18 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 18 
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, aphakia, chorioretinal scar, corneal 
scar, dense corneal scar, macular degeneration, macular scar, 
neovascular macular degeneration, prosthetic eye, retinal detachment, 
and retinal hamartoma. 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 7 individuals that sustained their vision conditions as adults 
have had it for a range of 3 to 24 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 18 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision

[[Page 23713]]

disqualified them from driving in interstate commerce. They have driven 
CMVs with their limited vision in careers ranging for 3 to 39 years. In 
the past three years, no drivers were involved in crashes and 2 drivers 
were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 9, 2017 
notice (82 FR 13187).

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 18 applicants, no drivers were involved in crashes and 2 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 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 18 applicants listed in the notice of March 
9, 2017 (82 FR 13187).
    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 18 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 3 comments in this proceeding. Wade C. Uhlir stated 
he believes the exemptions should be granted to the drivers. An 
anonymous commenter stated that they believe the exemptions should not 
be granted, citing safety concerns. FMCSA has reviewed the pertinent 
medical records and driving history of each driver on

[[Page 23714]]

this notice and determined that granting the exemption will create a 
level of safety equal to or greater than not granting the exemptions. A 
second anonymous commenter stated that anybody who uses or abuses 
alcohol or drugs with this exemption should no longer qualify for the 
exemption. In addition, they should not be able to reapply until they 
can prove at least 5 years of drug and/or alcohol rehabilitation. As 
stated previously, FMCSA has reviewed the pertinent medical records and 
driving history of each driver on this notice and determined that 
granting the exemption will create a level of safety equal to or 
greater than not granting the exemptions. Assessment and evaluation for 
drug and alcohol abuse is provided during the medical certification 
examination process by certified medical examiners on FMCSA's National 
Registry of certified medical examiners (MEs). Only drivers who meet 
the remaining physical qualification standards in the Federal Motor 
Carrier Safety Regulations [49 CFR 391.41(b)(1)-(13)] and are found 
``otherwise qualified by the ME are eligible to apply for a vision 
exemption.

VI. Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10):

James E. Demgard (NJ)
David L. Erickson (SD)
Ray A. Fields (KS)
Jeffrey L. Gardner (CA)
Thomas A. Grigsby (AR)
Eugene C. Hamilton (NC)
Jay A. Harding (OR)
Melvin L. Hispley III (MD)
Charlie E. Hoggard (TX)
Richard S. Huzzard (PA)
Kenneth E. Lewis (CA)
George J. Paxson, III (DDE)
Harlie C. Perryman, III (FL)
Menno H. Reiff (PA)
Steven R. Richter, Jr. (MN)
Robert R. Schwabe (WA)
Phillip Shelburne (TX)
Wade C. Uhlir (MN)

    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: May 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10563 Filed 5-22-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                23712                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                driver’s qualification file, or keep a copy             maintained without the exemptions for                 III. Vision and Driving Experience of
                                                of his/her driver’s qualification file if               these CMV drivers.                                    the Applicants
                                                he/she is self-employed. The driver                     DATES: The exemptions were granted                       The vision requirement in the
                                                must also have a copy of the exemption                  April 11, 2017. The exemptions expire                 FMCSRs provides:
                                                when driving, for presentation to a duly                on April 11, 2019.                                       A person is physically qualified to
                                                authorized Federal, State, or local                     FOR FURTHER INFORMATION CONTACT: Ms.                  drive a commercial motor vehicle if that
                                                enforcement official. The exemption                     Christine A. Hydock, Chief, Medical                   person has distant visual acuity of at
                                                will be rescinded if: (1) The person fails              Programs Division, (202) 366–4001,                    least 20/40 (Snellen) in each eye
                                                to comply with the terms and                            fmcsamedical@dot.gov, FMCSA,                          without corrective lenses or visual
                                                conditions of the exemption; (2) the                    Department of Transportation, 1200                    acuity separately corrected to 20/40
                                                exemption has resulted in a lower level                 New Jersey Avenue SE., Room W64–                      (Snellen) or better with corrective
                                                of safety than was maintained before it                 113, Washington, DC 20590–0001.                       lenses, distant binocular acuity of a least
                                                was granted; or (3) continuation of the                 Office hours are 8:30 a.m. to 5 p.m., e.t.,           20/40 (Snellen) in both eyes with or
                                                exemption would not be consistent with                  Monday through Friday, except Federal                 without corrective lenses, field of vision
                                                the goals and objectives of 49 U.S.C.                   holidays. If you have questions                       of at least 70° in the horizontal meridian
                                                31136(e) and 31315.                                     regarding viewing or submitting                       in each eye, and the ability to recognize
                                                V. Preemption                                           material to the docket, contact Docket                the colors of traffic signals and devices
                                                                                                        Services, telephone (202) 366–9826.                   showing red, green, and amber (49 CFR
                                                   During the period the exemption is in
                                                                                                        SUPPLEMENTARY INFORMATION:                            391.41(b)(10)).
                                                effect, no State shall enforce any law or
                                                regulation that conflicts with this                     I. Electronic Access                                     FMCSA recognizes that some drivers
                                                exemption with respect to a person                                                                            do not meet the vision requirement but
                                                                                                           You may see all the comments online                have adapted their driving to
                                                operating under the exemption.                          through the Federal Document                          accommodate their limitation and
                                                VI. Conclusion                                          Management System (FDMS) at http://                   demonstrated their ability to drive
                                                                                                        www.regulations.gov.                                  safely. The 18 exemption applicants
                                                  Based upon its evaluation of the 11                      Docket: For access to the docket to
                                                exemption applications, FMCSA renews                                                                          listed in this notice are in this category.
                                                                                                        read background documents or                          They are unable to meet the vision
                                                the exemptions of the aforementioned                    comments, go to http://
                                                drivers from the Epilepsy and Seizure                                                                         requirement in one eye for various
                                                                                                        www.regulations.gov and/or Room                       reasons, including amblyopia, aphakia,
                                                Disorders requirement in 49 CFR                         W12–140 on the ground level of the
                                                391.41(b)(8). In accordance with 49                                                                           chorioretinal scar, corneal scar, dense
                                                                                                        West Building, 1200 New Jersey Avenue
                                                U.S.C. 31136(e) and 31315, each                                                                               corneal scar, macular degeneration,
                                                                                                        SE., Washington, DC, between 9 a.m.
                                                exemption will be valid for two years                                                                         macular scar, neovascular macular
                                                                                                        and 5 p.m., e.t., Monday through Friday,
                                                unless revoked earlier by FMCSA.                                                                              degeneration, prosthetic eye, retinal
                                                                                                        except Federal holidays.
                                                                                                           Privacy Act: In accordance with 5                  detachment, and retinal hamartoma. In
                                                  Issued on: May 17, 2017.
                                                                                                        U.S.C. 553(c), DOT solicits comments                  most cases, their eye conditions were
                                                Larry W. Minor,
                                                                                                        from the public to better inform its                  not recently developed. Eleven of the
                                                Associate Administrator for Policy.                                                                           applicants were either born with their
                                                [FR Doc. 2017–10569 Filed 5–22–17; 8:45 am]             rulemaking process. DOT posts these
                                                                                                        comments, without edit, including any                 vision impairments or have had them
                                                BILLING CODE 4910–EX–P
                                                                                                        personal information the commenter                    since childhood.
                                                                                                        provides, to www.regulations.gov, as                     The 7 individuals that sustained their
                                                                                                        described in the system of records                    vision conditions as adults have had it
                                                DEPARTMENT OF TRANSPORTATION                                                                                  for a range of 3 to 24 years.
                                                                                                        notice (DOT/ALL–14 FDMS), which can
                                                                                                        be reviewed at www.dot.gov/privacy.                      Although each applicant has one eye
                                                Federal Motor Carrier Safety
                                                                                                                                                              which does not meet the vision
                                                Administration                                          II. Background                                        requirement in 49 CFR 391.41(b)(10),
                                                [Docket No. FMCSA–2016–0213]                               On March 9, 2017, FMCSA published                  each has at least 20/40 corrected vision
                                                                                                        a notice of receipt of exemption                      in the other eye, and in a doctor’s
                                                Qualification of Drivers; Exemption                                                                           opinion, has sufficient vision to perform
                                                                                                        applications from certain individuals,
                                                Applications; Vision                                                                                          all the tasks necessary to operate a CMV.
                                                                                                        and requested comments from the
                                                AGENCY: Federal Motor Carrier Safety                    public (82 FR 13187). That notice listed              Doctors’ opinions are supported by the
                                                Administration (FMCSA), DOT.                            18 applicants’ case histories. The 18                 applicants’ possession of valid
                                                ACTION: Notice of final disposition.                    individuals applied for exemptions from               commercial driver’s licenses (CDLs) or
                                                                                                        the vision requirement in 49 CFR                      non-CDLs to operate CMVs. Before
                                                SUMMARY:    FMCSA announces its                         391.41(b)(10), for drivers who operate                issuing CDLs, States subject drivers to
                                                decision to exempt 18 individuals from                  CMVs in interstate commerce.                          knowledge and skills tests designed to
                                                the vision requirement in the Federal                      Under 49 U.S.C. 31136(e) and 31315,                evaluate their qualifications to operate a
                                                Motor Carrier Safety Regulations                        FMCSA may grant an exemption for a 2-                 CMV.
                                                (FMCSRs). They are unable to meet the                   year period if it finds ‘‘such exemption                 All of these applicants satisfied the
                                                vision requirement in one eye for                       would likely achieve a level of safety                testing requirements for their State of
                                                various reasons. The exemptions will                    that is equivalent to or greater than the             residence. By meeting State licensing
                                                enable these individuals to operate                                                                           requirements, the applicants
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                                                                                                        level that would be achieved absent
                                                commercial motor vehicles (CMVs) in                     such exemption.’’ The statute also                    demonstrated their ability to operate a
                                                interstate commerce without meeting                     allows the Agency to renew exemptions                 CMV, with their limited vision, to the
                                                the prescribed vision requirement in                    at the end of the 2-year period.                      satisfaction of the State.
                                                one eye. The Agency has concluded that                  Accordingly, FMCSA has evaluated the                     While possessing a valid CDL or non-
                                                granting these exemptions will provide                  18 applications on their merits and                   CDL, these 18 drivers have been
                                                a level of safety that is equivalent to or              made a determination to grant                         authorized to drive a CMV in intrastate
                                                greater than the level of safety                        exemptions to each of them.                           commerce, even though their vision


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                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                             23713

                                                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 for 3 to 39 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 2 drivers were                  past and future performance was done                  operated CMVs safely under those
                                                convicted of moving violations 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 9, 2017 notice (82 FR 13187).                 periods vary only slightly (See Bates                 has been performing in intrastate
                                                                                                        and Neyman, University of California                  commerce. Consequently, FMCSA finds
                                                IV. Basis for Exemption Determination
                                                                                                        Publications in Statistics, April 1952).              that exempting these applicants from
                                                  Under 49 U.S.C. 31136(e) and 31315,                   Other studies demonstrated theories of                the vision requirement in 49 CFR
                                                FMCSA may grant an exemption from                       predicting crash proneness from crash                 391.41(b)(10) is likely to achieve a level
                                                the vision requirement in 49 CFR                        history coupled with other factors.                   of safety equal to that existing without
                                                391.41(b)(10) if the exemption is likely                These factors—such as age, sex,                       the exemption. For this reason, the
                                                to achieve an equivalent or greater level               geographic location, mileage driven and               Agency is granting the exemptions for
                                                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 18 applicants
                                                exemption, applicants will continue to                  vehicle bureaus to predict the                        listed in the notice of March 9, 2017 (82
                                                be restricted to intrastate driving. With               probability of an individual                          FR 13187).
                                                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 18
                                                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                     18 applicants, no drivers were involved               CFR 391.41(b)(10) and (b) by a medical
                                                vehicle safely with the vision deficiency               in crashes and 2 drivers were convicted               examiner who attests that the individual
                                                for the past 3 years. Recent driving                    of moving violations 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
                                                driver is his/her past record of crashes                deficiencies are good predictors of                   retention in the driver’s qualification
                                                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.
                                                study program clearly demonstrate the                   commerce. Intrastate driving, like
                                                driving performance of experienced                      interstate operations, involves                       V. Discussion of Comments
                                                monocular drivers in the program is                     substantial driving on highways on the                   FMCSA received 3 comments in this
                                                better than that of all CMV drivers                     interstate system and on other roads                  proceeding. Wade C. Uhlir stated he
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                                                collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,              believes the exemptions should be
                                                March 26, 1996). The fact that                          driving in congested urban areas                      granted to the drivers. An anonymous
                                                experienced monocular drivers                           exposes the driver to more pedestrian                 commenter stated that they believe the
                                                demonstrated safe driving records in the                and vehicular traffic than exists on                  exemptions should not be granted,
                                                waiver program supports a conclusion                    interstate highways. Faster reaction to               citing safety concerns. FMCSA has
                                                that other monocular drivers, meeting                   traffic and traffic signals is generally              reviewed the pertinent medical records
                                                the same qualifying conditions as those                 required because distances between                    and driving history of each driver on


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                                                23714                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                this notice and determined that granting                  If the exemption is still effective at the          meeting may submit them to the docket
                                                the exemption will create a level of                    end of the 2-year period, the person may              in the following ways:
                                                safety equal to or greater than not                     apply to FMCSA for a renewal under                       E-Gov Web site: http://
                                                granting the exemptions. A second                       procedures in effect at that time.                    www.regulations.gov. This site allows
                                                anonymous commenter stated that                           Issued on: May 17, 2017.                            the public to enter comments on any
                                                anybody who uses or abuses alcohol or                   Larry W. Minor,                                       Federal Register notice issued by any
                                                drugs with this exemption should no                                                                           agency.
                                                                                                        Associate Administrator for Policy.
                                                longer qualify for the exemption. In                                                                             Fax: 1–202–493–2251.
                                                                                                        [FR Doc. 2017–10563 Filed 5–22–17; 8:45 am]
                                                addition, they should not be able to                                                                             Mail: Docket Management Facility;
                                                reapply until they can prove at least 5                 BILLING CODE 4910–EX–P
                                                                                                                                                              U.S. Department of Transportation
                                                years of drug and/or alcohol                                                                                  (DOT), 1200 New Jersey Avenue SE.,
                                                rehabilitation. As stated previously,                                                                         West Building, Room W12–140,
                                                                                                        DEPARTMENT OF TRANSPORTATION
                                                FMCSA has reviewed the pertinent                                                                              Washington, DC 20590–0001.
                                                medical records and driving history of                  Pipeline and Hazardous Materials                         Hand Delivery: Room W12–140 on the
                                                each driver on this notice and                          Safety Administration                                 ground level of the DOT West Building,
                                                determined that granting the exemption                                                                        1200 New Jersey Avenue SE.,
                                                will create a level of safety equal to or               [Docket No. PHMSA–2016–0136]                          Washington, DC, between 9:00 a.m. and
                                                greater than not granting the                                                                                 5:00 p.m., Monday through Friday,
                                                exemptions. Assessment and evaluation                   Pipeline Safety: Meeting of the Gas
                                                                                                        Pipeline Advisory Committee                           except on Federal holidays.
                                                for drug and alcohol abuse is provided                                                                           Instructions: Identify the docket
                                                during the medical certification                        AGENCY:  Pipeline and Hazardous                       number PHMSA–2016–0136 at the
                                                examination process by certified                        Materials Safety Administration                       beginning of your comments. Note that
                                                medical examiners on FMCSA’s                            (PHMSA), DOT.                                         all comments received will be posted
                                                National Registry of certified medical                  ACTION: Notice of advisory committee                  without change to http://
                                                examiners (MEs). Only drivers who                       meeting.                                              www.regulations.gov, including any
                                                meet the remaining physical                                                                                   personal information provided. Anyone
                                                qualification standards in the Federal                  SUMMARY:    This notice announces a                   can search the electronic form of all
                                                Motor Carrier Safety Regulations [49                    public meeting of the Technical                       comments received into any of our
                                                CFR 391.41(b)(1)–(13)] and are found                    Pipeline Safety Standards Committee,                  dockets by the name of the individual
                                                ‘‘otherwise qualified by the ME are                     also known as the Gas Pipeline                        submitting the comment (or signing the
                                                eligible to apply for a vision exemption.               Advisory Committee (GPAC). The GPAC                   comment, if submitted on behalf of an
                                                                                                        will meet to continue discussing topics               association, business, labor union, etc.).
                                                VI. Conclusion
                                                                                                        and provisions for the proposed rule                  Therefore, consider reviewing DOT’s
                                                   Based upon its evaluation of the 18                  titled ‘‘Safety of Gas Transmission and               complete Privacy Act Statement in the
                                                exemption applications, FMCSA                           Gathering Pipelines.’’                                Federal Register published on April 11,
                                                exempts the following drivers from the                  DATES: The committee will meet from                   2000 (65 FR 19477), or view the Privacy
                                                vision requirement in 49 CFR                            8:30 a.m. to 5 p.m. on both Tuesday,                  Notice at http://www.regulations.gov
                                                391.41(b)(10):                                          June 6, 2017, and Wednesday, June 7,                  before submitting any such comments.
                                                James E. Demgard (NJ)                                   2017.                                                    Docket: For access to the docket or to
                                                David L. Erickson (SD)                                  ADDRESSES:  The meeting will be held at               read background documents or
                                                Ray A. Fields (KS)                                      the Westin Arlington Gateway, 801                     comments, go to http://
                                                Jeffrey L. Gardner (CA)                                 North Glebe Road, Arlington, VA 22203.                www.regulations.gov at any time or to
                                                Thomas A. Grigsby (AR)                                  The meeting agenda, and any additional                Room W12–140 on the ground level of
                                                Eugene C. Hamilton (NC)                                 information will be published on the                  the DOT West Building, 1200 New
                                                Jay A. Harding (OR)                                     following pipeline advisory committee                 Jersey Avenue SE., Washington, DC,
                                                Melvin L. Hispley III (MD)                              meeting and registration page: https://               between 9:00 a.m. and 5:00 p.m.,
                                                Charlie E. Hoggard (TX)                                                                                       Monday through Friday, except Federal
                                                                                                        primis.phmsa.dot.gov/meetings/
                                                Richard S. Huzzard (PA)                                                                                       holidays.
                                                                                                        MtgHome.mtg?mtg=123.
                                                Kenneth E. Lewis (CA)                                     The meetings will not be webcast;                      If you wish to receive confirmation of
                                                George J. Paxson, III (DDE)                             however, presentations will be available              receipt of your written comments,
                                                Harlie C. Perryman, III (FL)                            on the meeting Web site and posted on                 please include a self-addressed,
                                                Menno H. Reiff (PA)                                     the E-Gov Web site, http://                           stamped postcard with the following
                                                Steven R. Richter, Jr. (MN)                             www.regulations.gov, under docket                     statement: ‘‘Comments on PHMSA–
                                                Robert R. Schwabe (WA)                                  number PHMSA–2016–0136 within 30                      2016–0136.’’ The docket clerk will date
                                                Phillip Shelburne (TX)                                  days following the meeting.                           stamp the postcard prior to returning it
                                                Wade C. Uhlir (MN)                                                                                            to you via the U.S. mail.
                                                   In accordance with 49 U.S.C. 31136(e)                Public Participation
                                                and 31315, each exemption will be valid                                                                       Privacy Act Statement
                                                                                                           This meeting will be open to the
                                                for 2 years unless revoked earlier by                   public. Members of the public who wish                  In accordance with 5 U.S.C. 553(c),
                                                FMCSA. The exemption will be revoked                    to attend in person are asked to register             DOT solicits comments from the public
                                                if: (1) The person fails to comply with                                                                       to better inform its rulemaking process.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        at the meeting links above no later than
                                                the terms and conditions of the                         Friday, June 2, 2017 in order to facilitate           DOT posts these comments, without
                                                exemption; (2) the exemption has                        entry and guarantee seating. Members of               edit, including any personal information
                                                resulted in a lower level of safety than                the public who attend in person will                  the commenter provides, to
                                                was maintained before it was granted; or                also be provided an opportunity to make               www.regulations.gov as described in the
                                                (3) continuation of the exemption would                 a statement during the meeting.                       system of records notice (DOT/ALL–14
                                                not be consistent with the goals and                       Written comments: Persons who wish                 FDMS), which can be reviewed at
                                                objectives of 49 U.S.C. 31136 and 31315.                to submit written comments on the                     www.dot.gov/privacy.


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Document Created: 2017-05-23 02:14:29
Document Modified: 2017-05-23 02:14:29
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 11, 2017. The exemptions expire on April 11, 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 23712 

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