82_FR_26331 82 FR 26224 - Qualification of Drivers; Exemption Applications; Vision

82 FR 26224 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range26224-26226
FR Document2017-11643

FMCSA announces its decision to exempt 21 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 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26224-26226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11643]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0014]


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 21 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 May 13, 2017. The exemptions expire 
on May 13, 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.

[[Page 26225]]

    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 April 12, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 17736). That notice listed 21 applicants' case histories. 
The 21 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 21 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 21 
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 artery occlusion, 
complete loss of vision, corneal laceration, epiretinal membrane, 
glaucoma, hypertropia, macular scar, prosthetic eye, and retinal 
detachment. In most cases, their eye conditions were not recently 
developed. Fourteen of the applicants were either born with their 
vision impairments or have had them since childhood.
    The 7 individuals that sustained their vision conditions as adults 
have had it for a range of 4 to 16 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 21 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision in careers ranging for 3 to 55 
years. In the past three years, no 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 April 12, 2017 
notice (82 FR 17736).

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

[[Page 26226]]

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 21 applicants, no 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 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 21 applicants listed in the notice of April 
12, 2017 (82 FR 17736).
    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 21 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 oaf 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 four comments in this proceeding. Michael Millard, 
Mark Skubik, and Misty Pannu all stated that they are against granting 
the exemptions, citing safety concerns. As stated previously in this 
notice, FMCSA evaluated each applicant based on their driving histories 
and medical reports related to their vision deficiencies and have 
determined that granting the exemption is likely to achieve an 
equivalent or greater level of safety than would be achieved without 
the exemption. Robert Bucholz stated he would like to see the results 
of a study aiming to determine if monocular drivers have higher 
accident rates, and that this information should be disclosed in the 
request for comments. An overview of the study that provides 
justification for granting the vision exemptions is available in 
section IV of this document.

IV. Conclusion

    Based upon its evaluation of the 21 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10):

Andrew R. Cook (VT)
Kevin M. Finn (NY)
David R. Ford (OH)
Douglas P. Fossum (SD)
Timothy M. Good (MI)
John R. Harper (KS)
George H. Keppol, Jr. (WA)
Curtis L. Lamb (KS)
Jeffery D. Lynch (TX)
Kenton D. McCullough (VA)
Charles W. Ohman (IA)
Gary A. Parece (MA)
Everardo G. Plascencia (IL)
Eric D. Polhmann (MN)
Johnny W. Ray (KY)
Steven D. Scharber (MN)
Don Smith (TX)
Renaldo J. Stannard (DC)
John T. Switzer (MS)
Steven A. Thompson (WA)
Edward A. Ziehlke (WI)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has resulted 
in a lower level of safety than was maintained before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year 
period, the person may apply to FMCSA for a renewal under procedures in 
effect at that time.

    Issued on: May 26, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-11643 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  26224                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  Bruce D. Schmoyer (PA)                                  the medical condition of each applicant                FMCSA–2007–27387; FMCSA–2008–
                                                  Joseph E. Sobiech (WI)                                  for an exemption from rule prohibiting                 0137; FMCSA–2009–0122; FMCSA–
                                                  James L. Swedenburg (MN)                                persons with ITDM from operating                       2011–0143; FMCSA–2013–0018;
                                                  Gary A. Sweeney (NY)                                    CMVs in interstate commerce. That                      FMCSA–2015–0060; FMCSA–2015–
                                                  Lawrence M. Tanner (NV)                                 information is available by consulting                 0061 and click ‘‘Search.’’ Next, click
                                                  Robert D. Tarkington (AK)                               the above cited Federal Register                       ‘‘Open Docket Folder’’ and you will find
                                                  Joshua C. Webb (AR)                                     publications.                                          all documents and comments related to
                                                    The drivers were included in one of                     Interested parties or organizations                  this notice.
                                                  the following docket Nos: FMCSA–                        possessing information that would
                                                  2008–0137; FMCSA–2009–0122. Their                                                                                Issued on: May 26, 2017.
                                                                                                          otherwise show that any, or all, of these
                                                  exemptions are effective as of July 28,                                                                        Larry W. Minor,
                                                                                                          drivers are not currently achieving the
                                                  2017, and will expire on July 28, 2019.                 statutory level of safety should                       Associate Administrator for Policy.
                                                    Each of the 134 drivers in the                        immediately notify FMCSA. The                          [FR Doc. 2017–11637 Filed 6–5–17; 8:45 am]
                                                  aforementioned groups qualifies for a                   Agency will evaluate any adverse                       BILLING CODE 4910–EX–P
                                                  renewal of the exemption. They have                     evidence submitted and, if safety is
                                                  maintained their required medical                       being compromised or if continuation of
                                                  monitoring and have not exhibited any                   the exemption would not be consistent                  DEPARTMENT OF TRANSPORTATION
                                                  medical issues that would compromise                    with the goals and objectives of 49
                                                  their ability to safely operate a CMV                   U.S.C. 31136(e) and 31315, FMCSA will                  Federal Motor Carrier Safety
                                                  during the previous 2-year exemption                    take immediate steps to revoke the                     Administration
                                                  period.                                                 exemption of a driver.                                 [Docket No. FMCSA–2017–0014]
                                                    These factors provide an adequate
                                                  basis for predicting each driver’s ability              V. Submitting Comments                                 Qualification of Drivers; Exemption
                                                  to continue to drive safely in interstate                  You may submit your comments and                    Applications; Vision
                                                  commerce. Therefore, FMCSA                              material online or by fax, mail, or hand
                                                  concludes that extending the exemption                  delivery, but please use only one of                   AGENCY: Federal Motor Carrier Safety
                                                  for each of the 134 drivers for a period                these means. FMCSA recommends that                     Administration (FMCSA), DOT.
                                                  of two years is likely to achieve a level               you include your name and a mailing                    ACTION: Notice of final disposition.
                                                  of safety equal to that existing without                address, an email address, or a phone                  SUMMARY:    FMCSA announces its
                                                  the exemption. The drivers were                         number in the body of your document                    decision to exempt 21 individuals from
                                                  included in docket numbers FMCSA–                       so that FMCSA can contact you if there                 the vision requirement in the Federal
                                                  2007–27387; FMCSA–2008–0137;                            are questions regarding your                           Motor Carrier Safety Regulations
                                                  FMCSA–2009–0122; FMCSA–2011–                            submission.                                            (FMCSRs). They are unable to meet the
                                                  0143; FMCSA–2013–0018; FMCSA–                              To submit your comment online, go to                vision requirement in one eye for
                                                  2015–0060; FMCSA–2015–0061.                             http://www.regulations.gov and in the                  various reasons. The exemptions will
                                                                                                          search box insert the docket numbers                   enable these individuals to operate
                                                  IV. Request for Comments
                                                                                                          FMCSA–2007–27387; FMCSA–2008–                          commercial motor vehicles (CMVs) in
                                                     FMCSA will review comments                           0137; FMCSA–2009–0122; FMCSA–
                                                  received at any time concerning a                                                                              interstate commerce without meeting
                                                                                                          2011–0143; FMCSA–2013–0018;                            the prescribed vision requirement in
                                                  particular driver’s safety record and                   FMCSA–2015–0060; FMCSA–2015–
                                                  determine if the continuation of the                                                                           one eye. The Agency has concluded that
                                                                                                          0061 and click the search button. When                 granting these exemptions will provide
                                                  exemption is consistent with the                        the new screen appears, click on the
                                                  requirements at 49 U.S.C. 31136(e) and                                                                         a level of safety that is equivalent to or
                                                                                                          blue ‘‘Comment Now!’’ button on the                    greater than the level of safety
                                                  31315. However, FMCSA requests that                     right hand side of the page. On the new
                                                  interested parties with specific data                                                                          maintained without the exemptions for
                                                                                                          page, enter information required                       these CMV drivers.
                                                  concerning the safety records of these                  including the specific section of this
                                                  drivers submit comments by July 6,                                                                             DATES: The exemptions were granted
                                                                                                          document to which each comment
                                                  2017.                                                   applies, and provide a reason for each                 May 13, 2017. The exemptions expire
                                                     FMCSA believes that the                              suggestion or recommendation. If you                   on May 13, 2019.
                                                  requirements for a renewal of an                        submit your comments by mail or hand                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                  exemption under 49 U.S.C. 31136(e) and                  delivery, submit them in an unbound                    Christine A. Hydock, Chief, Medical
                                                  31315 can be satisfied by initially                     format, no larger than 81⁄2 by 11 inches,              Programs Division, (202) 366–4001,
                                                  granting the renewal and then                           suitable for copying and electronic                    fmcsamedical@dot.gov, FMCSA,
                                                  requesting and evaluating, if needed,                   filing. If you submit comments by mail                 Department of Transportation, 1200
                                                  subsequent comments submitted by                        and would like to know that they                       New Jersey Avenue SE., Room W64–
                                                  interested parties. As indicated above,                 reached the facility, please enclose a                 113, Washington, DC 20590–0001.
                                                  the Agency previously published                         stamped, self-addressed postcard or                    Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  notices of final disposition announcing                 envelope.                                              Monday through Friday, except Federal
                                                  its decision to exempt these 134                           We will consider all comments and                   holidays. If you have questions
                                                  individuals from rule prohibiting                       material received during the comment                   regarding viewing or submitting
                                                  persons with ITDM from operating                        period. FMCSA may issue a final                        material to the docket, contact Docket
                                                  CMVs in interstate commerce in 49 CFR                   determination at any time after the close              Services, telephone (202) 366–9826.
mstockstill on DSK30JT082PROD with NOTICES




                                                  391.41(b)(3). The final decision to grant               of the comment period.                                 SUPPLEMENTARY INFORMATION:
                                                  an exemption to each of these
                                                  individuals was made on the merits of                   VI. Viewing Comments and Documents                     I. Electronic Access
                                                  each case and made only after careful                     To view comments, as well as any                        You may see all the comments online
                                                  consideration of the comments received                  documents mentioned in this preamble,                  through the Federal Document
                                                  to its notices of applications. The                     go to http://www.regulations.gov and in                Management System (FDMS) at http://
                                                  notices of applications stated in detail                the search box insert the docket number                www.regulations.gov.


                                             VerDate Sep<11>2014   20:52 Jun 05, 2017   Jkt 241001   PO 00000   Frm 00183   Fmt 4703   Sfmt 4703   E:\FR\FM\06JNN1.SGM   06JNN1


                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                             26225

                                                     Docket: For access to the docket to                  safely. The 21 exemption applicants                    level of safety is likely to be achieved by
                                                  read background documents or                            listed in this notice are in this category.            permitting each of these drivers to drive
                                                  comments, go to http://                                 They are unable to meet the vision                     in interstate commerce as opposed to
                                                  www.regulations.gov and/or Room                         requirement in one eye for various                     restricting him or her to driving in
                                                  W12–140 on the ground level of the                      reasons, including amblyopia, cataract,                intrastate commerce.
                                                  West Building, 1200 New Jersey Avenue                   central artery occlusion, complete loss                   To evaluate the effect of these
                                                  SE., Washington, DC, between 9 a.m.                     of vision, corneal laceration, epiretinal              exemptions on safety, FMCSA
                                                  and 5 p.m., e.t., Monday through Friday,                membrane, glaucoma, hypertropia,                       considered the medical reports about
                                                  except Federal holidays.                                macular scar, prosthetic eye, and retinal              the applicants’ vision as well as their
                                                     Privacy Act: In accordance with 5                    detachment. In most cases, their eye                   driving records and experience with the
                                                  U.S.C. 553(c), DOT solicits comments                    conditions were not recently developed.                vision deficiency.
                                                  from the public to better inform its                    Fourteen of the applicants were either                    To qualify for an exemption from the
                                                  rulemaking process. DOT posts these                     born with their vision impairments or                  vision requirement, FMCSA requires a
                                                  comments, without edit, including any                   have had them since childhood.                         person to present verifiable evidence
                                                  personal information the commenter                         The 7 individuals that sustained their              that he/she has driven a commercial
                                                  provides, to www.regulations.gov, as                    vision conditions as adults have had it                vehicle safely with the vision deficiency
                                                  described in the system of records                      for a range of 4 to 16 years.                          for the past 3 years. Recent driving
                                                  notice (DOT/ALL–14 FDMS), which can                        Although each applicant has one eye                 performance is especially important in
                                                  be reviewed at www.dot.gov/privacy.                     which does not meet the vision                         evaluating future safety, according to
                                                                                                          requirement in 49 CFR 391.41(b)(10),                   several research studies designed to
                                                  II. Background                                          each has at least 20/40 corrected vision               correlate past and future driving
                                                     On April 12, 2017, FMCSA published                   in the other eye, and in a doctor’s                    performance. Results of these studies
                                                  a notice of receipt of exemption                        opinion, has sufficient vision to perform              support the principle that the best
                                                  applications from certain individuals,                  all the tasks necessary to operate a CMV.              predictor of future performance by a
                                                  and requested comments from the                         Doctors’ opinions are supported by the                 driver is his/her past record of crashes
                                                  public (82 FR 17736). That notice listed                applicants’ possession of valid                        and traffic violations. Copies of the
                                                  21 applicants’ case histories. The 21                   commercial driver’s licenses (CDLs) or                 studies may be found at Docket Number
                                                  individuals applied for exemptions from                 non-CDLs to operate CMVs. Before                       FMCSA–1998–3637.
                                                  the vision requirement in 49 CFR                        issuing CDLs, States subject drivers to                   FMCSA believes it can properly apply
                                                  391.41(b)(10), for drivers who operate                  knowledge and skills tests designed to                 the principle to monocular drivers,
                                                  CMVs in interstate commerce.                            evaluate their qualifications to operate a             because data from the Federal Highway
                                                     Under 49 U.S.C. 31136(e) and 31315,                  CMV.                                                   Administration’s (FHWA) former waiver
                                                  FMCSA may grant an exemption for a 2-                      All of these applicants satisfied the               study program clearly demonstrate the
                                                  year period if it finds ‘‘such exemption                testing requirements for their State of                driving performance of experienced
                                                  would likely achieve a level of safety                  residence. By meeting State licensing                  monocular drivers in the program is
                                                  that is equivalent to or greater than the               requirements, the applicants                           better than that of all CMV drivers
                                                  level that would be achieved absent                     demonstrated their ability to operate a                collectively (See 61 FR 13338, 13345,
                                                  such exemption.’’ The statute also                      CMV, with their limited vision, to the                 March 26, 1996). The fact that
                                                  allows the Agency to renew exemptions                   satisfaction of the State.                             experienced monocular drivers
                                                  at the end of the 2-year period.                           While possessing a valid CDL or non-                demonstrated safe driving records in the
                                                  Accordingly, FMCSA has evaluated the                    CDL, these 21 drivers have been                        waiver program supports a conclusion
                                                  21 applications on their merits and                     authorized to drive a CMV in intrastate                that other monocular drivers, meeting
                                                  made a determination to grant                           commerce, even though their vision                     the same qualifying conditions as those
                                                  exemptions to each of them.                             disqualified them from driving in                      required by the waiver program, are also
                                                                                                          interstate commerce. They have driven                  likely to have adapted to their vision
                                                  III. Vision and Driving Experience of                   CMVs with their limited vision in                      deficiency and will continue to operate
                                                  the Applicants                                          careers ranging for 3 to 55 years. In the              safely.
                                                     The vision requirement in the                        past three years, no 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 April 12, 2017 notice (82 FR 17736).               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
mstockstill on DSK30JT082PROD with NOTICES




                                                  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


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                                                  26226                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  Analysis of a Poisson Process,’’ Journal                the past. As a condition of the                        John R. Harper (KS)
                                                  of American Statistical Association,                    exemption, therefore, FMCSA will                       George H. Keppol, Jr. (WA)
                                                  June 1971). A 1964 California Driver                    impose requirements on the 21                          Curtis L. Lamb (KS)
                                                  Record Study prepared by the California                 individuals consistent with the                        Jeffery D. Lynch (TX)
                                                  Department of Motor Vehicles                            grandfathering provisions applied to                   Kenton D. McCullough (VA)
                                                  concluded that the best overall crash                   drivers who participated in the                        Charles W. Ohman (IA)
                                                  predictor for both concurrent and                       Agency’s vision waiver program.                        Gary A. Parece (MA)
                                                  nonconcurrent events is the number of                      Those requirements are found at 49                  Everardo G. Plascencia (IL)
                                                  single convictions. This study used 3                   CFR 391.64(b) and include the                          Eric D. Polhmann (MN)
                                                  consecutive years of data, comparing the                following: (1) That each individual be                 Johnny W. Ray (KY)
                                                  experiences of drivers in the first 2 years             physically examined every year (a) by                  Steven D. Scharber (MN)
                                                  with their experiences in the final year.               an ophthalmologist or optometrist who                  Don Smith (TX)
                                                     Applying principles from these                       attests that the vision in the better eye              Renaldo J. Stannard (DC)
                                                  studies to the past 3-year record of the                continues to meet the requirement in 49                John T. Switzer (MS)
                                                  21 applicants, no drivers were involved                 CFR 391.41(b)(10) and (b) by a medical                 Steven A. Thompson (WA)
                                                  in crashes and no drivers were                          examiner who attests that the individual               Edward A. Ziehlke (WI)
                                                  convicted of moving violations in a                     is otherwise physically qualified under                   In accordance with 49 U.S.C. 31136(e)
                                                  CMV. All the applicants achieved a                      49 CFR 391.41; (2) that each individual                and 31315, each exemption will be valid
                                                  record of safety while driving with their               provide a copy of the ophthalmologist’s                for 2 years unless revoked earlier by
                                                  vision impairment, demonstrating the                    or optometrist’s report to the medical                 FMCSA. The exemption will be revoked
                                                  likelihood that they have adapted their                 examiner at the time oaf the annual                    if: (1) The person fails to comply with
                                                  driving skills to accommodate their                     medical examination; and (3) that each                 the terms and conditions of the
                                                  condition. As the applicants’ ample                     individual provide a copy of the annual                exemption; (2) the exemption has
                                                  driving histories with their vision                     medical certification to the employer for              resulted in a lower level of safety than
                                                  deficiencies are good predictors of                     retention in the driver’s qualification                was maintained before it was granted; or
                                                  future performance, FMCSA concludes                     file, or keep a copy in his/her driver’s               (3) continuation of the exemption would
                                                  their ability to drive safely can be                    qualification file if he/she is self-                  not be consistent with the goals and
                                                  projected into the future.                              employed. The driver must have a copy                  objectives of 49 U.S.C. 31136 and 31315.
                                                     We believe that the applicants’                      of the certification when driving, for                    If the exemption is still effective at the
                                                  intrastate driving experience and history               presentation to a duly authorized                      end of the 2-year period, the person may
                                                  provide an adequate basis for predicting                Federal, State, or local enforcement                   apply to FMCSA for a renewal under
                                                  their ability to drive safely in interstate             official.                                              procedures in effect at that time.
                                                  commerce. Intrastate driving, like                                                                               Issued on: May 26, 2017.
                                                  interstate operations, involves                         V. Discussion of Comments
                                                                                                                                                                 Larry W. Minor,
                                                  substantial driving on highways on the                    FMCSA received four comments in
                                                  interstate system and on other roads                                                                           Associate Administrator for Policy.
                                                                                                          this proceeding. Michael Millard, Mark
                                                  built to interstate standards. Moreover,                Skubik, and Misty Pannu all stated that                [FR Doc. 2017–11643 Filed 6–5–17; 8:45 am]
                                                  driving in congested urban areas                        they are against granting the                          BILLING CODE 4910–EX–P
                                                  exposes the driver to more pedestrian                   exemptions, citing safety concerns. As
                                                  and vehicular traffic than exists on                    stated previously in this notice, FMCSA
                                                  interstate highways. Faster reaction to                 evaluated each applicant based on their                DEPARTMENT OF TRANSPORTATION
                                                  traffic and traffic signals is generally                driving histories and medical reports                  Federal Motor Carrier Safety
                                                  required because distances between                      related to their vision deficiencies and
                                                  them are more compact. These                                                                                   Administration
                                                                                                          have determined that granting the
                                                  conditions tax visual capacity and                      exemption is likely to achieve an                      [Docket No. FMCSA–2017–0037]
                                                  driver response just as intensely as                    equivalent or greater level of safety than
                                                  interstate driving conditions. The                      would be achieved without the                          Qualification of Drivers; Exemption
                                                  veteran drivers in this proceeding have                 exemption. Robert Bucholz stated he                    Applications; Diabetes Mellitus
                                                  operated CMVs safely under those                        would like to see the results of a study               AGENCY: Federal Motor Carrier Safety
                                                  conditions for at least 3 years, most for               aiming to determine if monocular                       Administration (FMCSA).
                                                  much longer. Their experience and                       drivers have higher accident rates, and                ACTION: Notice of applications for
                                                  driving records lead us to believe that                 that this information should be
                                                  each applicant is capable of operating in                                                                      exemptions; request for comments.
                                                                                                          disclosed in the request for comments.
                                                  interstate commerce as safely as he/she                 An overview of the study that provides                 SUMMARY:   FMCSA announces receipt of
                                                  has been performing in intrastate                       justification for granting the vision                  applications from 29 individuals for
                                                  commerce. Consequently, FMCSA finds                     exemptions is available in section IV of               exemption from the prohibition against
                                                  that exempting these applicants from                    this document.                                         persons with insulin-treated diabetes
                                                  the vision requirement in 49 CFR                                                                               mellitus (ITDM) operating commercial
                                                  391.41(b)(10) is likely to achieve a level              IV. Conclusion
                                                                                                                                                                 motor vehicles (CMVs) in interstate
                                                  of safety equal to that existing without                  Based upon its evaluation of the 21                  commerce. If granted, the exemptions
                                                  the exemption. For this reason, the                     exemption applications, FMCSA                          would enable these individuals with
                                                  Agency is granting the exemptions for                   exempts the following drivers from the
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                 ITDM to operate CMVs in interstate
                                                  the 2-year period allowed by 49 U.S.C.                  vision requirement in 49 CFR                           commerce.
                                                  31136(e) and 31315 to the 21 applicants                 391.41(b)(10):
                                                  listed in the notice of April 12, 2017 (82                                                                     DATES: Comments must be received on
                                                                                                          Andrew R. Cook (VT)
                                                  FR 17736).                                              Kevin M. Finn (NY)                                     or before July 6, 2017.
                                                     We recognize that the vision of an                   David R. Ford (OH)                                     ADDRESSES: You may submit comments
                                                  applicant may change and affect his/her                 Douglas P. Fossum (SD)                                 bearing the Federal Docket Management
                                                  ability to operate a CMV as safely as in                Timothy M. Good (MI)                                   System (FDMS) Docket No. FMCSA–


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Document Created: 2017-06-06 06:21:10
Document Modified: 2017-06-06 06:21:10
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 May 13, 2017. The exemptions expire on May 13, 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 26224 

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