82_FR_28854 82 FR 28734 - Qualification of Drivers; Exemption Applications; Vision

82 FR 28734 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range28734-28736
FR Document2017-13128

FMCSA announces its decision to exempt 10 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 120 (Friday, June 23, 2017)
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28734-28736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13128]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0016]


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 10 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 25, 2017. The exemptions expire 
on May 25, 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 April 24, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 18954). That notice listed 10 applicants' case histories. 
The 10 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 10 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 10 
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, complete loss of vision, enucleation, 
glaucoma, and prosthetic eye. In most cases, their eye conditions were 
not recently developed. Nine of the applicants were either born with 
their vision impairments or have had them since childhood.
    The one individual that sustained their vision condition as an 
adult has had it for 12 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 10 drivers have been

[[Page 28735]]

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 5 to 52 
years. In the past three years, no drivers were involved in crashes and 
one driver was convicted of a moving violation in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the April 24, 2017 
notice (82 FR 18954).

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 10 applicants, no drivers were involved in crashes and one driver 
was convicted of a moving violation in a CMV. All the applicants 
achieved a record of safety while driving with their vision impairment, 
demonstrating the likelihood that they have adapted their driving 
skills to accommodate their condition. As the applicants' ample driving 
histories with their vision deficiencies are good predictors of future 
performance, FMCSA concludes their ability to drive safely can be 
projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least 3 years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the 2-year period allowed by 49 U.S.C. 
31136(e) and 31315 to the 10 applicants listed in the notice of April 
24, 2017 (82 FR 18954).
    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 10 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 one comment in this proceeding. Cheyenne Imlay 
stated she is against granting the exemptions due to safety concerns. 
FMCSA is required to evaluate medical reports regarding each 
applicant's vision deficiency, as well as each applicant's driving 
records,

[[Page 28736]]

in order to determine if an equal or greater level of safety is likely 
to be achieved by permitting each of the applicants to drive in 
interstate commerce as opposed to restricting him or her to driving in 
intrastate commerce. The Agency completed this evaluation for each of 
the 10 applicants listed in this notice and determined that an 
equivalent or greater level of safety is likely to be achieved by 
granting the exemptions as would be without the exemptions.

IV. Conclusion

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

Russel R. Dixon (VA)
Robert A. Fasset (MI)
William M. Hanes (OH)
Ryan P. Lambert (UT)
Richard D. Patterson (TN)
Jonathan W. Pryor (OK)
Ernesto Silva (NM)
Dennis L. Spence (WA)
Gordon R. Ulm (OH)
Gary L. Warner (VA)

    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: June 14, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13128 Filed 6-22-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    28734                           Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

                                                       (LWCF) (16 U.S.C. 4601–4604); Safe                   one eye. The Agency has concluded that                 at the end of the 2-year period.
                                                       Drinking Water Act (SDWA) (42                        granting these exemptions will provide                 Accordingly, FMCSA has evaluated the
                                                       U.S.C. 300f–300j–26)); Rivers and                    a level of safety that is equivalent to or             10 applications on their merits and
                                                       Harbors Act of 1899 (33 U.S.C. 401–                  greater than the level of safety                       made a determination to grant
                                                       406); Wild and Scenic Rivers Act (16                 maintained without the exemptions for                  exemptions to each of them.
                                                       U.S.C. 1271–1287); Emergency                         these CMV drivers.                                     III. Vision and Driving Experience of
                                                       Wetlands Resources Act, (16 U.S.C.                   DATES: The exemptions were granted                     the Applicants
                                                       3901, 3921); Wetlands Mitigation (23                 May 25, 2017. The exemptions expire
                                                       U.S.C. 119(g) and 133(b)(14)); Flood                 on May 25, 2019.                                          The vision requirement in the
                                                       Disaster Protection Act, 42 U.S.C.                                                                          FMCSRs provides:
                                                                                                            FOR FURTHER INFORMATION CONTACT: Ms.                      A person is physically qualified to
                                                       4012a, 4106).                                        Christine A. Hydock, Chief, Medical
                                                    8. Executive Orders: E.O. 11990                                                                                drive a commercial motor vehicle if that
                                                                                                            Programs Division, (202) 366–4001,                     person has distant visual acuity of at
                                                       Protection of Wetlands; E.O. 11988
                                                                                                            fmcsamedical@dot.gov, FMCSA,                           least 20/40 (Snellen) in each eye
                                                       Floodplain Management; E.O. 12898,
                                                                                                            Department of Transportation, 1200                     without corrective lenses or visual
                                                       Federal Actions to Address
                                                                                                            New Jersey Avenue SE., Room W64–                       acuity separately corrected to 20/40
                                                       Environmental Justice in Minority
                                                                                                            113, Washington, DC 20590–0001.                        (Snellen) or better with corrective
                                                       Populations and Low Income
                                                                                                            Office hours are 8:30 a.m. to 5 p.m., e.t.,            lenses, distant binocular acuity of a least
                                                       Populations; E.O. 11593 Protection
                                                                                                            Monday through Friday, except Federal                  20/40 (Snellen) in both eyes with or
                                                       and Enhancement of Cultural
                                                                                                            holidays. If you have questions                        without corrective lenses, field of vision
                                                       Resources; E.O. 13007 Indian Sacred
                                                                                                            regarding viewing or submitting                        of at least 70° in the horizontal meridian
                                                       Sites; E.O. 13287 Preserve America;
                                                                                                            material to the docket, contact Docket                 in each eye, and the ability to recognize
                                                       E.O. 13175 Consultation and
                                                                                                            Services, telephone (202) 366–9826.                    the colors of traffic signals and devices
                                                       Coordination with Indian Tribal
                                                       Governments; E.O. 11514 Protection                   SUPPLEMENTARY INFORMATION:                             showing red, green, and amber (49 CFR
                                                       and Enhancement of Environmental                     I. Electronic Access                                   391.41(b)(10)).
                                                       Quality; E.O. 13112 Invasive Species.                                                                          FMCSA recognizes that some drivers
                                                    9. Navigation: Rivers and Harbors Act of                   You may see all the comments online                 do not meet the vision requirement but
                                                       1899 [33 U.SC. 403]; General Bridge                  through the Federal Document                           have adapted their driving to
                                                       Act of 1946 [33 U.S.C 9 and 11].                     Management System (FDMS) at http://                    accommodate their limitation and
                                                                                                            www.regulations.gov.                                   demonstrated their ability to drive
                                                    (Catalog of Federal Domestic Assistance                    Docket: For access to the docket to
                                                    Program Number 20.205, Highway Planning
                                                                                                                                                                   safely. The 10 exemption applicants
                                                    and Construction. The regulations
                                                                                                            read background documents or                           listed in this notice are in this category.
                                                    implementing Executive Order 12372                      comments, go to http://                                They are unable to meet the vision
                                                    regarding intergovernmental consultation on             www.regulations.gov and/or Room                        requirement in one eye for various
                                                    Federal programs and activities apply to this           W12–140 on the ground level of the                     reasons, including amblyopia, complete
                                                    program.)                                               West Building, 1200 New Jersey Avenue                  loss of vision, enucleation, glaucoma,
                                                       Authority: 23 U.S.C. 139(l)(1).                      SE., Washington, DC, between 9 a.m.                    and prosthetic eye. In most cases, their
                                                                                                            and 5 p.m., e.t., Monday through Friday,               eye conditions were not recently
                                                      Issued on: June 13, 2017.
                                                                                                            except Federal holidays.                               developed. Nine of the applicants were
                                                    Daniel M. Mathis,                                          Privacy Act: In accordance with 5                   either born with their vision
                                                    Division Administrator, Olympia,                        U.S.C. 553(c), DOT solicits comments
                                                    Washington.
                                                                                                                                                                   impairments or have had them since
                                                                                                            from the public to better inform its                   childhood.
                                                    [FR Doc. 2017–12814 Filed 6–22–17; 8:45 am]             rulemaking process. DOT posts these                       The one individual that sustained
                                                    BILLING CODE 4910–RY–P                                  comments, without edit, including any                  their vision condition as an adult has
                                                                                                            personal information the commenter                     had it for 12 years.
                                                                                                            provides, to www.regulations.gov, as                      Although each applicant has one eye
                                                    DEPARTMENT OF TRANSPORTATION                            described in the system of records                     which does not meet the vision
                                                    Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                    requirement in 49 CFR 391.41(b)(10),
                                                    Administration                                          be reviewed at www.dot.gov/privacy.                    each has at least 20/40 corrected vision
                                                                                                                                                                   in the other eye, and in a doctor’s
                                                    [Docket No. FMCSA–2017–0016]                            II. Background
                                                                                                                                                                   opinion, has sufficient vision to perform
                                                                                                               On April 24, 2017, FMCSA published                  all the tasks necessary to operate a CMV.
                                                    Qualification of Drivers; Exemption                     a notice of receipt of exemption                       Doctors’ opinions are supported by the
                                                    Applications; Vision                                    applications from certain individuals,                 applicants’ possession of valid
                                                    AGENCY: Federal Motor Carrier Safety                    and requested comments from the                        commercial driver’s licenses (CDLs) or
                                                    Administration (FMCSA), DOT.                            public (82 FR 18954). That notice listed               non-CDLs to operate CMVs. Before
                                                    ACTION: Notice of final disposition.                    10 applicants’ case histories. The 10                  issuing CDLs, States subject drivers to
                                                                                                            individuals applied for exemptions from                knowledge and skills tests designed to
                                                    SUMMARY:   FMCSA announces its                          the vision requirement in 49 CFR                       evaluate their qualifications to operate a
                                                    decision to exempt 10 individuals from                  391.41(b)(10), for drivers who operate                 CMV.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the vision requirement in the Federal                   CMVs in interstate commerce.                              All of these applicants satisfied the
                                                    Motor Carrier Safety Regulations                           Under 49 U.S.C. 31136(e) and 31315,                 testing requirements for their State of
                                                    (FMCSRs). They are unable to meet the                   FMCSA may grant an exemption for a 2-                  residence. By meeting State licensing
                                                    vision requirement in one eye for                       year period if it finds ‘‘such exemption               requirements, the applicants
                                                    various reasons. The exemptions will                    would likely achieve a level of safety                 demonstrated their ability to operate a
                                                    enable these individuals to operate                     that is equivalent to or greater than the              CMV, with their limited vision, to the
                                                    commercial motor vehicles (CMVs) in                     level that would be achieved absent                    satisfaction of the State.
                                                    interstate commerce without meeting                     such exemption.’’ The statute also                        While possessing a valid CDL or non-
                                                    the prescribed vision requirement in                    allows the Agency to renew exemptions                  CDL, these 10 drivers have been


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                                                                                    Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices                                            28735

                                                    authorized to drive a CMV in intrastate                 that other monocular drivers, meeting                  traffic and traffic signals is generally
                                                    commerce, even though their vision                      the same qualifying conditions as those                required because distances between
                                                    disqualified them from driving in                       required by the waiver program, are also               them are more compact. These
                                                    interstate commerce. They have driven                   likely to have adapted to their vision                 conditions tax visual capacity and
                                                    CMVs with their limited vision in                       deficiency and will continue to operate                driver response just as intensely as
                                                    careers ranging for 5 to 52 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 one driver was                  past and future performance was done                   operated CMVs safely under those
                                                    convicted of a moving violation in a                    in England by Greenwood and Yule in                    conditions for at least 3 years, most for
                                                    CMV.                                                    1920. Subsequent studies, building on                  much longer. Their experience and
                                                      The qualifications, experience, and                   that model, concluded that crash rates                 driving records lead us to believe that
                                                    medical condition of each applicant                     for the same individual exposed to                     each applicant is capable of operating in
                                                    were stated and discussed in detail in                  certain risks for two different time                   interstate commerce as safely as he/she
                                                    the April 24, 2017 notice (82 FR 18954).                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 10 applicants
                                                    exemption, applicants will continue to                  vehicle bureaus to predict the                         listed in the notice of April 24, 2017 (82
                                                    be restricted to intrastate driving. With               probability of an individual                           FR 18954).
                                                    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 10
                                                    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                     10 applicants, no drivers were involved                CFR 391.41(b)(10) and (b) by a medical
                                                    vehicle safely with the vision deficiency               in crashes and one driver was convicted                examiner who attests that the individual
                                                    for the past 3 years. Recent driving                    of a moving violation in a CMV. All the                is otherwise physically qualified under
                                                    performance is especially important in                  applicants achieved a record of safety                 49 CFR 391.41; (2) that each individual
                                                    evaluating future safety, according to                  while driving with their vision                        provide a copy of the ophthalmologist’s
                                                    several research studies designed to                    impairment, demonstrating the                          or optometrist’s report to the medical
                                                    correlate past and future driving                       likelihood that they have adapted their                examiner at the time oaf 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    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 one comment in this
                                                    better than that of all CMV drivers                     interstate system and on other roads                   proceeding. Cheyenne Imlay stated she
                                                    collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,               is against granting the exemptions due
                                                    March 26, 1996). The fact that                          driving in congested urban areas                       to safety concerns. FMCSA is required
                                                    experienced monocular drivers                           exposes the driver to more pedestrian                  to evaluate medical reports regarding
                                                    demonstrated safe driving records in the                and vehicular traffic than exists on                   each applicant’s vision deficiency, as
                                                    waiver program supports a conclusion                    interstate highways. Faster reaction to                well as each applicant’s driving records,


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                                                    28736                           Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

                                                    in order to determine if an equal or                    SUMMARY:    Spartan Motors USA, Inc.                      III. Noncompliance: Spartan explains
                                                    greater level of safety is likely to be                 (Spartan), has determined that certain                 that the noncompliance is that the
                                                    achieved by permitting each of the                      model year (MY) 2017 Spartan                           wheels on the subject vehicles
                                                    applicants to drive in interstate                       Emergency Response Metro Star motor                    incorrectly identify the rim size as 24.5″
                                                    commerce as opposed to restricting him                  vehicles do not fully comply with                      x 8.25″ instead of 22.5″ x 8.25″, and
                                                    or her to driving in intrastate commerce.               Federal Motor Vehicle Safety Standard                  therefore do not meet the requirements
                                                    The Agency completed this evaluation                    (FMVSS) No. 120, Tire selection and                    of paragraph S5.2(b) of FMVSS No. 120.
                                                    for each of the 10 applicants listed in                 rims and motor home/recreation vehicle                    IV. Rule Text: paragraph S5.2 of
                                                    this notice and determined that an                      trailer load carrying capacity                         FMVSS No. 120 states:
                                                    equivalent or greater level of safety is                information for motor vehicles with a                     S5.2 Rim marking. Each rim or, at the
                                                    likely to be achieved by granting the                   GVWR of more than 4,536 kilograms                      option of the manufacturer in the case
                                                    exemptions as would be without the                      (10,000 pounds). Spartan filed a                       of a single-piece wheel, wheel disc shall
                                                    exemptions.                                             noncompliance information report                       be marked with the information listed in
                                                                                                            dated December 6, 2016. Spartan also                   paragraphs (a) through (e) of this
                                                    IV. Conclusion                                                                                                 paragraph, in lettering not less than 3
                                                                                                            petitioned NHTSA on January 4, 2017,
                                                       Based upon its evaluation of the 10                  for a decision that the subject                        millimeters high, impressed to a depth
                                                    exemption applications, FMCSA                           noncompliance is inconsequential as it                 or, at the option of the manufacturer,
                                                    exempts the following drivers from the                  relates to motor vehicle safety.                       embossed to a height of not less than
                                                    vision requirement in 49 CFR                            ADDRESSES: For further information on
                                                                                                                                                                   0.125 millimeters . . .
                                                    391.41(b)(10):                                                                                                    (b) The rim size designation, and in
                                                                                                            this decision contact Kerrin Bressant,
                                                                                                                                                                   case of multipiece rims, the rim type
                                                    Russel R. Dixon (VA)                                    Office of Vehicle Safety Compliance, the
                                                                                                                                                                   designation. For example: 20 x 5.50, or
                                                    Robert A. Fasset (MI)                                   National Highway Traffic Safety                        20 x 5.5.
                                                    William M. Hanes (OH)                                   Administration (NHTSA), telephone                         V. Summary of Spartan’s Petition:
                                                    Ryan P. Lambert (UT)                                    (202) 366–1110, facsimile (202) 366–                   Spartan described the subject
                                                    Richard D. Patterson (TN)                               5930.                                                  noncompliance and stated its belief that
                                                    Jonathan W. Pryor (OK)                                  SUPPLEMENTARY INFORMATION:                             the noncompliance is inconsequential
                                                    Ernesto Silva (NM)                                         I. Overview: Spartan Motors USA, Inc.               as it relates to motor vehicle safety.
                                                    Dennis L. Spence (WA)                                   (Spartan), has determined that certain                    In support of its petition, Spartan
                                                    Gordon R. Ulm (OH)                                      model year (MY) 2017 Spartan                           provided the following: Chassis cabs
                                                    Gary L. Warner (VA)                                     Emergency Response Metro Star motor                    affected by this condition are
                                                       In accordance with 49 U.S.C. 31136(e)                vehicles do not fully comply with                      manufactured in two or more stages.
                                                    and 31315, each exemption will be valid                 paragraph S5.2(b) of Federal Motor                     While in general, Spartan is the
                                                    for 2 years unless revoked earlier by                   Vehicle Safety Standard (FMVSS) No.                    incomplete vehicle manufacturer, in
                                                    FMCSA. The exemption will be revoked                    120, Tire selection and rims and motor                 this case, Spartan provides a label that
                                                    if: (1) The person fails to comply with                 home/recreation vehicle trailer load                   contains the requirements identified in
                                                    the terms and conditions of the                         carrying capacity information for motor                49 CFR 567.5(a)(2)(iv), which states that
                                                    exemption; (2) the exemption has                        vehicles with a GVWR of more than                      a label must be affixed to an incomplete
                                                    resulted in a lower level of safety than                4,536 kilograms (10,000 pounds).                       vehicle that contains the ‘‘GROSS AXLE
                                                    was maintained before it was granted; or                Spartan filed a noncompliance report                   WEIGHT RATING’’ or ‘‘GVWR’’,
                                                    (3) continuation of the exemption would                 dated December 6, 2016, pursuant to 49                 followed by the appropriate value in
                                                    not be consistent with the goals and                    CFR part 573, Defect and                               kilograms and (pounds) for each axle,
                                                    objectives of 49 U.S.C. 31136 and 31315.                Noncompliance Responsibility and                       identified in order from front to rear
                                                       If the exemption is still effective at the           Reports. Spartan also petitioned NHTSA                 (e.g., front, first intermediate, second
                                                    end of the 2-year period, the person may                on January 4, 2017, pursuant to 49                     intermediate, rear). The ratings for any
                                                    apply to FMCSA for a renewal under                      U.S.C. 30118(d) and 30120(h) and 49                    consecutive axles having identical gross
                                                    procedures in effect at that time.                      CFR part 556, for an exemption from the                axle weight ratings when equipped with
                                                      Issued on: June 14, 2017.                             notification and remedy requirements of                tires having the same tire size
                                                    Larry W. Minor,                                         49 U.S.C. Chapter 301 on the basis that                designation may be stated as a single
                                                                                                            this noncompliance is inconsequential                  value, with the label indicating to which
                                                    Associate Administrator for Policy.
                                                                                                            as it relates to motor vehicle safety.                 axles the ratings apply. Similar
                                                    [FR Doc. 2017–13128 Filed 6–22–17; 8:45 am]
                                                                                                               Notice of receipt of the petition was               information must be included in the
                                                    BILLING CODE 4910–EX–P                                  published, with a 30-day public                        incomplete vehicle document or IVD
                                                                                                            comment period on April 11, 2017, in                   that must be furnished by the
                                                                                                            the Federal Register (82 FR 17520). No                 incomplete vehicle manufacturer, as
                                                    DEPARTMENT OF TRANSPORTATION                            comments were received. To view the                    required by 49 CFR 568.4(a)(5).
                                                    National Highway Traffic Safety                         petition and all supporting documents                     While the actual wheel stamping may
                                                    Administration                                          log onto the Federal Docket                            be 24.5, the physical size (outside
                                                                                                            Management System (FDMS) Web page                      diameter) is 22.5. If a service provider
                                                    [Docket No. NHTSA–2016–0141; Notice 2]                  at: http://www.regulations.gov/. Then                  were to reference the rim size of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            follow the online search instruction to                incorrectly stamped rim, and attempt to
                                                    Spartan Motors USA, Inc., Grant of                      locate docket number ‘‘NHTSA–2016–                     install a tire with an inside diameter of
                                                    Petition for Decision of                                0141.’’                                                24.5, it would be too large for the 22.5
                                                    Inconsequential Noncompliance                              II. Vehicles Involved: Approximately                size rim and thus not fit. Given the label
                                                    AGENCY: National Highway Traffic                        19 MY 2017 Spartan Emergency                           being provided and the construction
                                                    Safety Administration (NHTSA),                          Response Metro Star motor vehicles                     details sheet provided in accordance
                                                    Department of Transportation (DOT).                     manufactured between September 6,                      with NFPA® 1901 Standard for
                                                                                                            2016, and October 24, 2016, are                        Automotive Fire Apparatus 2016
                                                    ACTION: Grant of petition.
                                                                                                            potentially involved.                                  edition, Spartan believes the


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Document Created: 2017-06-23 03:37:24
Document Modified: 2017-06-23 03:37:24
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 25, 2017. The exemptions expire on May 25, 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 28734 

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