Qualification of Drivers; Exemption Applications; Vision, 17117-17119 [2012-7084]
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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices
These applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the past 5
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the February
6, 2012, Federal Register notice and
they will not be repeated in this notice.
Discussion of Comment
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
The Pennsylvania Department of
Transportation stated that it has
reviewed the driving records for
Michael R. Miller and Timothy M.
Rearick and are in favor of granting
them Federal diabetes exemptions.
srobinson on DSK4SPTVN1PROD with NOTICES
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
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17:14 Mar 22, 2012
Jkt 226001
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (4) 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 selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Conclusion
Based upon its evaluation of the
nineteen exemption applications,
FMCSA exempts, Roger L. Arcand, Jr.
(RI), Marsha M. Colberg (WA), Robert D.
Crissinger (MN), Scott W. Forsyth, Jr.
(CO), Jose A. Garcia (NY), Fritz D.
Gregory (UT), Gordon R. Kellogg (NY),
Anthony P. Kesselring (FL), Don R. Kivi
(ND), Vincent Ligotti (NY), Larry D.
Miller (MN), Michael R. Miller (PA),
Jack L. Phippen (WI), Richard A. Purk
(CA), Timothy M. Rearick (PA), Jeremy
Simmons (MA), Jack A. Tidey (AK),
Brian E. Quick (VA) and Timothy W.
Work (NY) from the ITDM requirement
in 49 CFR 391.41(b)(3), subject to the
conditions listed under ‘‘Conditions and
Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (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(e) 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: March 9, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–7120 Filed 3–22–12; 8:45 am]
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17117
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0366]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt twelve individuals
from the vision requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs). The exemptions
will enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement. 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 are effective
March 23, 2012. The exemptions expire
on March 23, 2014.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202)–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time 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., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgement that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
E:\FR\FM\23MRN1.SGM
23MRN1
17118
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8–785.pdf.
srobinson on DSK4SPTVN1PROD with NOTICES
Background
On February 6, 2012, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (77 FR 5874). That
notice listed twelve applicants’ case
histories. The twelve 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 2year 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
twelve applications on their merits and
made a determination to grant
exemptions to each of them.
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° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing requirement 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 vision limitation
and demonstrated their ability to drive
safely. The twelve 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, artery
occlusion, glaucoma, prosthesis,
macular scarring and complete loss of
vision. In most cases, their eye
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17:14 Mar 22, 2012
Jkt 226001
conditions were not recently developed.
Six of the applicants were either born
with their vision impairments or have
had them since childhood. The six
individuals that sustained their vision
conditions as adults have had them for
a period of 4 to 23 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 nonCDL, these twelve 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 for
careers ranging from 3 to 35 years. In the
past 3 years, two of the drivers were
involved in crashes, and none 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 February 6, 2012 notice (77 FR
5874).
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
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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.
We believe we 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
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices
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
twelve applicants, two of the drivers
were involved in crashes and none 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 twelve
applicants listed in the notice of
February 6, 2012 (77 FR 5874).
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 twelve
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
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17:14 Mar 22, 2012
Jkt 226001
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement in 49
CFR 391.41(b)(10) and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
Based upon its evaluation of the
twelve exemption applications, FMCSA
exempts Eugenio V. Bermudez (MA),
John A. Carroll, Jr. (AL), Mark W.
Crocker (TN), Johnny Dillard (SC), Keith
J. Haaf (VA), Edward M. Jurek (NY),
Allen J. Kunze (ND), Jack W. Murphy,
Jr. (OH), Mark A. Smalls (GA), Glenn R.
Theis (MN), Peter A. Troyan (MI) and
Gary Vines (AL) from the vision
requirement in 49 CFR 391.41(b)(10),
subject to the requirements cited above
(49 CFR 391.64(b)).
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: March 9, 2012.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2012–7084 Filed 3–22–12; 8:45 am]
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17119
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2012–0039]
Pipeline Safety: Cast Iron Pipe
(Supplementary Advisory Bulletin)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice; Issuance of Advisory
Bulletin.
AGENCY:
PHMSA is issuing an advisory
bulletin to owners and operators of
natural gas cast iron distribution
pipelines and state pipeline safety
representatives. Recent deadly
explosions in Philadelphia and
Allentown, Pennsylvania involving cast
iron pipelines installed in 1942 and
1928, respectively, gained national
attention and highlight the need for
continued safety improvements to aging
gas pipeline systems. This bulletin is an
update of two prior Alert Notices (ALN–
91–02; October 11, 1991 and ALN–92–
02; June 26, 1992) covering the
continued use of cast iron pipe in
natural gas distribution pipeline
systems. This advisory bulletin
reiterates two prior Alert Notices which
remain relevant, urges owners and
operators to conduct a comprehensive
review of their cast iron distribution
pipelines and replacement programs
and accelerate pipeline repair,
rehabilitation and replacement of highrisk pipelines, requests state agencies to
consider enhancements to cast iron
replacement plans and programs, and
alerts owners and operators of the
pipeline safety requirements for the
investigation of failures. In addition, the
latest survey and reporting requirements
of cast iron pipelines required by the
Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011 are
included for information.
ADDRESSES: This document can be
viewed on the Office of Pipeline Safety
home page at: https://ops.dot.gov.
FOR FURTHER INFORMATION CONTACT: Jeff
Gilliam, Director, Engineering and
Research, 202–366–0568 or by email at
Jeffery.Gilliam@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On January 18, 2011, an explosion
and fire caused the death of one gas
utility employee and injuries to several
other people while gas utility crews
were responding to a natural gas leak in
Philadelphia, PA. A preliminary
investigation found a circumferential
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]]>Agencies
[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17117-17119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7084]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0366]
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 twelve individuals from
the vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision requirement. 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 are effective March 23, 2012. The exemptions
expire on March 23, 2014.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division, (202)-366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the
[[Page 17118]]
name of the individual submitting the comment (or of the person signing
the comment, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's Privacy Act Statement for the FDMS
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
Background
On February 6, 2012, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (77 FR 5874). That notice listed twelve applicants'
case histories. The twelve 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 twelve applications on their
merits and made a determination to grant exemptions to each of them.
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 requirement
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 vision
limitation and demonstrated their ability to drive safely. The twelve
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, artery occlusion, glaucoma, prosthesis,
macular scarring and complete loss of vision. In most cases, their eye
conditions were not recently developed. Six of the applicants were
either born with their vision impairments or have had them since
childhood. The six individuals that sustained their vision conditions
as adults have had them for a period of 4 to 23 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 twelve 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 for careers ranging
from 3 to 35 years. In the past 3 years, two of the drivers were
involved in crashes, and none 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 February 6, 2012
notice (77 FR 5874).
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.
We believe we 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
[[Page 17119]]
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 twelve applicants, two of the drivers were involved in crashes and
none 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 twelve applicants listed in the notice of
February 6, 2012 (77 FR 5874).
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 twelve individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.
Discussion of Comments
FMCSA received no comments in this proceeding.
Conclusion
Based upon its evaluation of the twelve exemption applications,
FMCSA exempts Eugenio V. Bermudez (MA), John A. Carroll, Jr. (AL), Mark
W. Crocker (TN), Johnny Dillard (SC), Keith J. Haaf (VA), Edward M.
Jurek (NY), Allen J. Kunze (ND), Jack W. Murphy, Jr. (OH), Mark A.
Smalls (GA), Glenn R. Theis (MN), Peter A. Troyan (MI) and Gary Vines
(AL) from the vision requirement in 49 CFR 391.41(b)(10), subject to
the requirements cited above (49 CFR 391.64(b)).
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: March 9, 2012.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2012-7084 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-EX-P
