Qualification of Drivers; Exemption Applications; Vision, 20379-20381 [2013-07874]
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Jeffrey P. Streech
Mr. Streech, 52, has had a corneal scar
in his right eye since 1978. The best
corrected visual acuity in his right eye
is 20/50, and in his left eye, hand 20/
20. Following an examination in 2012,
his ophthalmologist noted, ‘‘Based in
the findings described herein, in my
medical opinion, the patient does have
sufficient vision to operate a
commercial vehicle.’’ Mr. Streech
reported that he has driven straight
trucks for 6 years, accumulating 246,000
miles. He holds a Class B CDL from
Minnesota. His driving record for the
last 3 years shows no crashes but one
conviction for a moving violation in a
CMV; he exceeded the speed limit by 10
mph.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
James B. Taflinger, Sr.
Mr. Talfinger, 53, has had amblyopia
in his left eye since childhood. The best
corrected visual acuity in his right eye
is 20/20, and in his left eye, 20/70.
Following an examination in 2012, his
optometrist noted, ‘‘Mr. Taflinger was
examined in this office on May 29,
2012, with a follow-up visual field
analysis on June 14, 2012 * * * Mr.
Taflinger has had a long history of
operating a commercial vehicle without
any significant incident reported to me
in his medical history. I recommend
that he be allowed to continue his same
occupation of operating a commercial
vehicle.’’ Mr. Taflinger reported that he
has driven straight trucks for 9 years,
accumulating 562,500 miles, and
tractor-trailer combinations for 6,
accumulating 435,000 miles. He holds a
Class A CDL from Virginia. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Ronald W. Thompson
Mr. Thompson, 59, has had loss of
central vision in his left eye since 1999.
The best corrected visual acuity in his
right eye is 20/20, and in his left eye,
20/100. Following an examination in
2012, his optometrist noted, ‘‘I certify
that in my opinion, Ron Thompson has
sufficient vision to operate a
commercial vehicle.’’ Mr. Thompson
reported that he has driven straight
trucks for 40 years, accumulating 2
million miles, and tractor-trailer
combinations for 20, accumulating
600,000 miles. He holds a Class A CDL
from Wisconsin. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
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14:48 Apr 03, 2013
Jkt 229001
Jeffrey M. Thorpe
Mr. Thorpe, 54, has had amblyopia in
his left eye since childhood. The best
corrected visual acuity in his right eye
is 20/20, and in his left eye, 20/50.
Following an examination in 2012, his
optometrist noted, ‘‘In my opinion, Mr.
Thorpe has sufficient vision to perform
the driving tasks required to operate a
commercial motor vehicle.’’ Mr. Thorpe
reported that he has driven straight
trucks for 30 years, accumulating 45,000
miles. He holds a Class B CDL from
Wisconsin. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Walter S. Vollmer
Mr. Vollmer, 53, has had refractive
amblyopia in his right eye since birth.
The best corrected visual acuity in his
right eye is 20/60, and in his left eye,
20/20. Following an examination in
2012, his optometrist noted, ‘‘Through
in office testing, I believe that currently
Walter possesses sufficient vision to
operate a commercial vehicle.’’ Mr.
Vollmer reported that he has driven
straight trucks for 35 years,
accumulating 525,000 miles, and
tractor-trailer combinations for 35,
accumulating 262,500 miles. He holds a
Class A CDL from Idaho. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Roy J. Ware
Mr. Ware, 53, has had corneal scarring
in his right eye due to a traumatic
incident at age 10. The best corrected
visual acuity in his right eye is hand
motion, and in his left eye, 20/20.
Following an examination in 2013, his
ophthalmologist noted, ‘‘In summary
Mr. Ware has hand motion only vision
in his right eye from a childhood injury
which is permanent and stable. His left
eye is normal with 20/20 vision and in
my medical opinion he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Ware reported that he has
driven straight trucks for 29 years,
accumulating 870,000 miles. He holds
an operator’s license from Georgia. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Paul Williams
Mr. Williams, 49, has had a corneal
scar in his right eye since childhood.
The best corrected visual acuity in his
right eye is light perception, and in his
left eye, 20/20. Following an
examination in 2012, his optometrist
noted, ‘‘This patient has sufficient
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
20379
vision to perform the task at operating
a commercial vehicle.’’ Mr. Williams
reported that he has driven straight
trucks for 26 years, accumulating 1.4
million miles. He holds a Class B CDL
from New York. His driving record for
the last 3 years shows no crashes and
one conviction for a moving violation in
a CMV; he was using a mobile phone
while operating a CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business May 6, 2013. Comments will
be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable.
In addition to late comments, FMCSA
will also continue to file, in the public
docket, relevant information that
becomes available after the comment
closing date. Interested persons should
monitor the public docket for new
material.
Issued on: March 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–07864 Filed 4–3–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0021]
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 8 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
SUMMARY:
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04APN1
20380
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions are effective
April 4, 2013. The exemptions expire on
April 4, 2015.
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 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
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 Federal Docket
Management System (FDMS) published
in the Federal Register on December 29,
2010 (75 FR 82132), or you may visit
https://www.gpo.gov/fdsys/pkg/FR-201012-29/pdf/2010-32876.pdf.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Background
On February 13, 2013, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (78 FR 10251). That
notice listed 8 applicants’ case histories.
The 8 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
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14:48 Apr 03, 2013
Jkt 229001
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
8 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 8 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 a prosthetic eye,
amblyopia, a retinal vein occlusion,
optic nerve atrophy, a ruptured globe,
and chronic retinal detachment. In most
cases, their eye conditions were not
recently developed. One of the
applicants was either born with their
vision impairment or has had it since
childhood.
The seven individuals that sustained
their vision conditions as adults have
had then for a period of 4 to 28 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 States of
residence. By meeting State licensing
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Frm 00086
Fmt 4703
Sfmt 4703
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 8 drivers have been
authorized to drive a CMV in intrastate
commerce, although their vision
disqualified them from driving in
interstate commerce. They have driven
CMVs with their limited vision for
careers ranging from 4 to 39 years. In the
past 3 years, none of the drivers was
involved in crashes or 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 13, 2013, notice (78 FR
10251).
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
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04APN1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
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
8 applicants, none of the drivers were
involved in crashes or 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
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14:48 Apr 03, 2013
Jkt 229001
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 8 applicants
listed in the notice of February 13, 2013
(78 FR 10251).
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 8
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 selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
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Frm 00087
Fmt 4703
Sfmt 4703
20381
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
Based upon its evaluation of the 8
exemption applications, FMCSA
exempts Michael L. Bergman (KS),
Efrain Gonzalez (UT), Anthony Hall
(LA), Shane Holum (OR), Daryl W.
Morris (MO), Dan Nestel (IN), Thomas
G. Normington (WY), and Thomas L.
Terrell (IA) 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 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–07874 Filed 4–3–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0015]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemption from the diabetes mellitus
requirement; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 20 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
DATES: Comments must be received on
or before May 6, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
SUMMARY:
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04APN1
Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20379-20381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07874]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0021]
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 8 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
[[Page 20380]]
maintained without the exemptions for these CMV drivers.
DATES: The exemptions are effective April 4, 2013. The exemptions
expire on April 4, 2015.
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 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 Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit https://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.
Background
On February 13, 2013, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (78 FR 10251). That notice listed 8 applicants' case
histories. The 8 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 8 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 8
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 a prosthetic eye, amblyopia, a retinal vein
occlusion, optic nerve atrophy, a ruptured globe, and chronic retinal
detachment. In most cases, their eye conditions were not recently
developed. One of the applicants was either born with their vision
impairment or has had it since childhood.
The seven individuals that sustained their vision conditions as
adults have had then for a period of 4 to 28 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 States 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 8 drivers have been
authorized to drive a CMV in intrastate commerce, although their vision
disqualified them from driving in interstate commerce. They have driven
CMVs with their limited vision for careers ranging from 4 to 39 years.
In the past 3 years, none of the drivers was involved in crashes or
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 13, 2013,
notice (78 FR 10251).
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
[[Page 20381]]
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 8 applicants, none of the drivers were involved in crashes or
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 8 applicants listed in the notice of February
13, 2013 (78 FR 10251).
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 8 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 8 exemption applications, FMCSA
exempts Michael L. Bergman (KS), Efrain Gonzalez (UT), Anthony Hall
(LA), Shane Holum (OR), Daryl W. Morris (MO), Dan Nestel (IN), Thomas
G. Normington (WY), and Thomas L. Terrell (IA) 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 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-07874 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-EX-P