Qualification of Drivers; Exemption Applications; Vision, 4803-4806 [2014-01693]
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Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
RockTenn (USDOT 153734) operates a
paper mill located in Chattanooga,
Tennessee, its principal place of
business. Its shipping and receiving
departments are on opposite sides of the
paper mill, requiring driver/employees
to travel on a public road to shuttle
trailers as needed. These drivers utilize
this public road—Compress Street—an
average of forty times per day to go from
their shipping to receiving department
and to load their trailers in the shipping
department. These drivers do not
transport any material farther than the
paper mill lots and/or Compress Street.
The distance traveled on Compress
Street is approximately 275 feet in one
direction, and one tractor is used to
perform this work. Because the material
being transported is received from or
destined for other States, the local travel
is interstate in nature.
The initial RockTenn exemption
application for relief from the HOS rule
was submitted in 2009; a copy of the
application is in the docket. That
application fully described the nature of
shipping operations encountered by
CMV drivers employed by RockTenn.
RockTenn’s shipping department
currently works 12-hour shifts for 4
days, and then allows employees 4 days
off duty. The schedule is subject to
change. Usually there are two shipping
department employees on each shift.
One employee drives a fork-lift truck
loading trailers with finished goods, and
the other operates the tractor shuttling
trailers. These employees do not drive a
CMV continuously during their shift(s).
At times, RockTenn may operate on
three 8-hour shifts with employees
working a double (16-hour) shift when
‘‘rotating back.’’ According to
RockTenn, the problem arises because
of the double-shift, and also on occasion
when a shipping department driver does
not report for work as scheduled. On a
Monday, for example, if an individual
worked the weekend, his or her shift
would normally have to ‘‘hurry back’’
within 8 hours. As a result of the
mandatory 10 hours off-duty
requirement for drivers, without the
exemption RockTenn would be required
to schedule these drivers’ shifts to start
later than other employees. This would
create at least 2 hours when the
company cannot load or transport
trailers with finished goods due to the
absence of the drivers. Furthermore, as
a result of the 14-hour driving windows,
they would ‘‘work short’’ without the
exemption, creating on-time delivery
issues for other employees, who are
allowed to work an entire ‘‘double shift’’
(16 hours) when necessary.
RockTenn requested a limited
exemption from 49 CFR part 395 for its
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shipping department CMV drivers, as
well as others with a valid CDL who on
occasion must substitute, allowing all
such drivers to drive as late as the 16th
hour since coming on duty and return
to work with a minimum of at least 8
hours off duty. If exempt from the
normal HOS requirements, these
employees could follow the same work
schedule as other RockTenn employees
on their shift, and would be able to
work for the full 16 hours of a ‘‘double
shift.’’ RockTenn could therefore
minimize the chances of delayed
shipments that might occur if their
drivers were not allowed to work the
same schedule as other employees.
RockTenn acknowledged in its
application that these drivers would
still be subject to all of the other
FMCSRs, including possessing a CDL,
random drug testing, medical
certification, and other driverqualification requirements.
A copy of RockTenn’s application for
exemption renewal is available for
review in the docket for this notice.
Terms of the Exemption
Period of the Exemption
The requested exemption is proposed
to be effective April 17, 2014, through
11:59 p.m. on April 16, 2016, for drivers
employed by RockTenn operating CMVs
on Compress Street in Chattanooga,
Tennessee, between the company’s
shipping and receiving departments.
4803
exemption. The notification would be
required to include the following
information:
a. Date of the accident,
b. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
c. Driver’s name and driver’s license
number,
d. Vehicle number and state license
number,
e. Number of individuals suffering
physical injury,
f. Number of fatalities,
g. The police-reported cause of the
accident,
h. Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
i. The total driving time and total onduty time period prior to the accident.
Reports filed under this provision
would be emailed to MCPSD@
DOT.GOV.
Termination
The FMCSA does not believe the
drivers covered by this exemption, if
granted, would experience any
deterioration of their safety record.
However, should this occur, FMCSA
would take all steps necessary to protect
the public interest, including revocation
of the exemption. The FMCSA would
immediately revoke the exemption for
failure to comply with its terms and
conditions.
Extent of the Exemption
The exemption would be restricted to
drivers employed by RockTenn
operating CMVs on the route specified
above. This exemption would be strictly
limited to the provisions of 49 CFR
395.3(a)(1), referring to a required
minimum of 10 hours off duty before
the start of a duty period, and
395.3(a)(2), commonly referred to as the
‘‘14-hour rule.’’ When operationally
necessary, drivers would be allowed up
to a 16-hour duty period and no fewer
than 8 hours off duty prior to the duty
period.
Issued on: January 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
Preemption
During the period this exemption
would be in effect, no State would be
allowed to enforce any law or regulation
that conflicted with or was inconsistent
with this exemption with respect to a
firm or person operating under the
exemption (49 U.S.C. 31315(d)).
AGENCY:
Notification to FMCSA
RockTenn would be required to notify
FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5),
involving any of the motor carrier’s
CMVs operating under the terms of this
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[FR Doc. 2014–01695 Filed 1–28–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0170]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
FMCSA announces its
decision to exempt 43 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
SUMMARY:
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Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
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 are effective
January 29, 2014. The exemptions
expire on January 29, 2016.
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:
tkelley on DSK3SPTVN1PROD with NOTICES
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 January 17,
2008 (73 FR 3316).
Background
On November 12, 2013, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (78 FR 67454). That
notice listed 43 applicants’ case
histories. The 43 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
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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 43 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 43 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 refractive amblyopia,
central retinal vein occlusion, retinal
detachment, ocular histoplasmosis,
amblyopia, prosthetic eye, aphakia,
corneal scarring, macular hole, complete
loss of vision, macular degeneration,
anisometropic amblyopia, retinal
damage, retinal hole, optic nerve
staphyloma, longstanding peripheral
retinal degeneration, wet macular
degeneration, and enucleated eye. In
most cases, their eye conditions were
not recently developed. Thirty-one of
the applicants were either born with
their vision impairments or have had
them since childhood.
The twelve individuals that sustained
their vision conditions as adults have
had it for a period of 3 to 34 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
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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 43 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 of
careers ranging from 3 to 52 years. In the
past 3 years, three of the drivers were
involved in crashes and three were
convicted for moving violations in a
CMV.
The qualifications, experience, and
medical condition of each applicant
were stated and discussed in detail in
the November 12, 2013 notice (78 FR
67454).
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
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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
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
43 applicants, three of the drivers were
involved in crashes and three 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
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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 43 applicants
listed in the notice of November 12,
2013 (78 FR 67454).
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 43
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
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4805
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 one comment in this
proceeding. The comment is discussed
below.
An anonymous commenter suggested
that visually-impaired drivers take a
road test at their licensing bureau on a
periodic basis to determine their
continued ability to drive commercially.
Conclusion
Based upon its evaluation of the 43
exemption applications, FMCSA
exempts Dennis S. Anderson (MN),
Calvin J. Barbour (NY), Martin D.
Bellcour (WI), Walter A. Breeze (OH),
Joseph A. Burdey (NJ), Donald G.
Carstensen (IA), Jamie D. Daniels (IA),
James A. Esposito, Jr. (PA), Mark A.
Farnsley (IN), Michael L. Fiamingo (PA),
Kenric J. Fields (DE), Chris L. Granby
(MI), Dustin K. Heimbach (PA), Randall
Hjelmtveit (MN), Robert W. Horner
(OH), Abdelhamid S. Jaafreh (OH),
Leonard R. Jackson (IN), Randy G.
Kinney (IL), Ronnie R. Lockamy (NC),
Hector Marquez (TX), Leonard A.
Martin (NV), Dennis R. Martinez (NM),
Jeffrey D. McGill (IL), Fred A. Miller, Jr.
(CA), Joseph K. Parley (WI), Robert L.
Pearson (GA), Andres Regalado (CA),
Riland O. Richardson (FL), Thenon D.
Ridley (TX), Ryan R. Ross (SC), Troy M.
Ruhlman (PA), Ricky E. Rumfield (TX),
Ermanno M. Santucci (IL), Dennis M.
Schwartzentruber (OH), Tigran
Semerjyan (CA), Roger H. Sick (NY),
Martina B. Talbott (IA), Kirk A. Thelen
(MI), Nicholas J. Vance (OH), Hershel D.
Volentine (LA), Gary D. Vollersten (CO),
David R. Webb, Jr. (IL), and Wesley A.
Willis (NJ) 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.
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Issued on: January 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–01693 Filed 1–28–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0081]
Qualification of Drivers; Application for
Exemption; Implantable Cardioverter
Defibrillator
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA has received
applications from three individuals with
implantable cardioverter defibrillators
(ICDs) for an exemption from the
cardiovascular disease standard in the
Federal Motor Carrier Safety
Regulations (FMCSRs). The Agency’s
current advisory criteria for the
applicable FMCSR recommends that
CMV drivers with ICDs should not be
qualified due to the likelihood of
causing a loss of ability to operate a
commercial motor vehicle (CMV) safely.
If granted, an exemption would allow
these individuals with ICDs to operate
a CMV in interstate commerce.
DATES: Comments must be received on
or before February 28, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0081 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
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SUMMARY:
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see the Privacy Act heading below for
further information.
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., ET, Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment 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 FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT:
Charles Horan, Director, Office of
Carrier, Driver, and Vehicle Safety
Standards (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
(306), Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has the authority to grant
exemptions from the FMCSRs; pursuant
to 49 U.S.C. 31315 and 31136(e) as
amended by Section 4007 of the
Transportation Equity Act for the 21st
Century (TEA- 21) [Pub. L. 105–178,
June 9, 1998, 112 Stat. 107, 401]. On
August 20, 2004, FMCSA published a
final rule implementing the changes
made by section 4007 (69 FR 51589).
The current regulations require FMCSA
to publish a notice of each exemption
request in the Federal Register. The
Agency must provide the public with an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request (49 CFR
381.315(a)).
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
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exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the Agency decision is to
grant the exemption, the notice must
specify the person or class of persons
receiving the exemption and the
regulatory provision or provisions from
which an exemption is granted. The
notice must also specify the effective
period of the exemption (up to 2 years)
and explain the terms and conditions of
the exemption. If granted, the
exemption may be renewed (49 CFR
381.315(c) and 381.300(b)).
The three individuals included in this
notice have each requested an
exemption from the provisions of 49
CFR 391.41(b)(4), which applies to
drivers who operate CMVs in interstate
commerce, as defined in 49 CFR 390.5.
Section 391.41(b)(4) states that:
‘‘. . . a person is physically qualified to drive
a commercial motor vehicle if that person has
no current clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to
be accompanied by syncope (temporary loss
of consciousness due to a sudden decline in
blood flow to the brain), dyspnea (shortness
of breath), collapse, or congestive cardiac
failure.’’
The FMCSA provides medical
advisory criteria as recommendations
for use by medical examiners in
determining whether drivers with
certain medical conditions, procedures,
and/or treatments should be certified to
operate CMVs in interstate commerce in
accordance with the various physical
qualification standards in 49 CFR part
391, subpart E. The advisory criteria are
currently set out as part of the medical
examination report published with 49
CFR 391.43. The advisory criteria for
section 391.41(b)(4) provide that:
The term ‘‘has no current clinical diagnosis
of’’ is specifically designed to encompass: ‘‘a
clinical diagnosis of’’ (1) a current
cardiovascular condition, or (2) a
cardiovascular condition which has not fully
stabilized regardless of the time limit. The
term ‘‘known to be accompanied by’’ is
designed to include a clinical diagnosis of a
cardiovascular disease (1) which is
accompanied by symptoms of syncope,
dyspnea, collapse or congestive cardiac
failure; and/or (2) which is likely to cause
syncope, dyspnea, collapse, or congestive
cardiac failure. It is the intent of the FMCSRs
to render unqualified, a driver who has a
current cardiovascular disease which is
accompanied by and/or likely to cause
symptoms of syncope, dyspnea, collapse, or
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Pages 4803-4806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01693]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0170]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to exempt 43 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
[[Page 4804]]
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 are effective January 29, 2014. The exemptions
expire on January 29, 2016.
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 January
17, 2008 (73 FR 3316).
Background
On November 12, 2013, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (78 FR 67454). That notice listed 43 applicants' case
histories. The 43 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 43 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 43
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 refractive amblyopia, central retinal vein
occlusion, retinal detachment, ocular histoplasmosis, amblyopia,
prosthetic eye, aphakia, corneal scarring, macular hole, complete loss
of vision, macular degeneration, anisometropic amblyopia, retinal
damage, retinal hole, optic nerve staphyloma, longstanding peripheral
retinal degeneration, wet macular degeneration, and enucleated eye. In
most cases, their eye conditions were not recently developed. Thirty-
one of the applicants were either born with their vision impairments or
have had them since childhood.
The twelve individuals that sustained their vision conditions as
adults have had it for a period of 3 to 34 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 43 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 of careers ranging from 3 to 52
years. In the past 3 years, three of the drivers were involved in
crashes and three were convicted for moving violations in a CMV.
The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the November 12, 2013
notice (78 FR 67454).
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
[[Page 4805]]
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 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 43 applicants, three of the drivers were involved in crashes and
three 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 43 applicants listed in the notice of
November 12, 2013 (78 FR 67454).
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 43 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 one comment in this proceeding. The comment is
discussed below.
An anonymous commenter suggested that visually-impaired drivers
take a road test at their licensing bureau on a periodic basis to
determine their continued ability to drive commercially.
Conclusion
Based upon its evaluation of the 43 exemption applications, FMCSA
exempts Dennis S. Anderson (MN), Calvin J. Barbour (NY), Martin D.
Bellcour (WI), Walter A. Breeze (OH), Joseph A. Burdey (NJ), Donald G.
Carstensen (IA), Jamie D. Daniels (IA), James A. Esposito, Jr. (PA),
Mark A. Farnsley (IN), Michael L. Fiamingo (PA), Kenric J. Fields (DE),
Chris L. Granby (MI), Dustin K. Heimbach (PA), Randall Hjelmtveit (MN),
Robert W. Horner (OH), Abdelhamid S. Jaafreh (OH), Leonard R. Jackson
(IN), Randy G. Kinney (IL), Ronnie R. Lockamy (NC), Hector Marquez
(TX), Leonard A. Martin (NV), Dennis R. Martinez (NM), Jeffrey D.
McGill (IL), Fred A. Miller, Jr. (CA), Joseph K. Parley (WI), Robert L.
Pearson (GA), Andres Regalado (CA), Riland O. Richardson (FL), Thenon
D. Ridley (TX), Ryan R. Ross (SC), Troy M. Ruhlman (PA), Ricky E.
Rumfield (TX), Ermanno M. Santucci (IL), Dennis M. Schwartzentruber
(OH), Tigran Semerjyan (CA), Roger H. Sick (NY), Martina B. Talbott
(IA), Kirk A. Thelen (MI), Nicholas J. Vance (OH), Hershel D. Volentine
(LA), Gary D. Vollersten (CO), David R. Webb, Jr. (IL), and Wesley A.
Willis (NJ) 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.
[[Page 4806]]
Issued on: January 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-01693 Filed 1-28-14; 8:45 am]
BILLING CODE 4910-EX-P
