Qualification of Drivers; Exemption Applications; Vision, 14333-14335 [2014-05509]
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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
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31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 23
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2003–16241; FMCSA–2003–
16564; FMCSA–2004–19477; FMCSA–
2007–0071; FMCSA–2007–29019;
FMCSA–2009–0291; FMCSA–2009–
0321; FMCSA–2011–0298; FMCSA–
2011–0299 and click the search button.
When the new screen appears, click on
the blue ‘‘Comment Now!’’ button on
the right hand side of the page. On the
new page, enter information required
including the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
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17:33 Mar 12, 2014
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14333
filing. If you submit comments by mail
and would like to know that they
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
FOR FURTHER INFORMATION CONTACT:
Viewing Comments and Documents
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).
To view comments, as well as any
documents mentioned in this preamble,
to submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2003–16241; FMCSA–2003–
16564; FMCSA–2004–19477; FMCSA–
2007–0071; FMCSA–2007–29019;
FMCSA–2009–0291; FMCSA–2009–
0321; FMCSA–2011–0298; FMCSA–
2011–0299 and click ‘‘Search.’’ Next,
click ‘‘Open Docket Folder’’ and you
will find all documents and comments
related to the proposed rulemaking.
Issued on: February 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–05506 Filed 3–12–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0174]
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 33 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions will provide
a level of safety that is equivalent to or
greater than the level of safety
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions are effective
March 13, 2014. The exemptions expire
on March 14, 2016.
SUMMARY:
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Fmt 4703
Sfmt 4703
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:
Background
On January 10, 2014, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (79 FR 1908). That
notice listed 33 applicants’ case
histories. The 33 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
33 applications on their merits and
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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
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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 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 33 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,
prosthetic eye, macular atrophy,
anterior ischemic optic neuropathy,
complete loss of vision, corneal
transplant, angle recession glaucoma,
small angle esotropia, macular scar,
optic atrophy, dense amblyopia, optic
pit maculopathy, macular degeneration,
retinal detachment, corneal
neovascularization, strabismic
amblyopia, congenital cataract, macular
hole, microphthalmia, aphakia, and
superior altitudinal defect. In most
cases, their eye conditions were not
recently developed. Twenty-three of the
applicants were either born with their
vision impairments or have had them
since childhood.
The ten individuals that sustained
their vision conditions as adults have
had it for a period of 4 to 33 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
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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 33 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 39 years. In the
past 3 years, two of the drivers were
involved in crashes and two 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 January 10, 2014 notice (79 FR
1908).
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the vision requirement in 49 CFR
391.41(b)(10) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. Without the
exemption, applicants will continue to
be restricted to intrastate driving. With
the exemption, applicants can drive in
interstate commerce. Thus, our analysis
focuses on whether an equal or greater
level of safety is likely to be achieved by
permitting each of these drivers to drive
in interstate commerce as opposed to
restricting him or her to driving in
intrastate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered the medical reports about
the applicants’ vision as well as their
driving records and experience with the
vision deficiency.
To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely with the vision deficiency
for the past 3 years. Recent driving
performance is especially important in
evaluating future safety, according to
several research studies designed to
correlate past and future driving
performance. Results of these studies
support the principle that the best
predictor of future performance by a
driver is his/her past record of crashes
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrate the
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Fmt 4703
Sfmt 4703
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
33 applicants, two of the drivers were
involved in crashes and two 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
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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
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 33 applicants
listed in the notice of January 10, 2014
(79 FR 1908).
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 33
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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Discussion of Comments
DEPARTMENT OF TRANSPORTATION
FMCSA received one comment in this
proceeding. The comment is discussed
below.
MAG Trucking supported granting an
exemption to Rogelio C. Hernandez.
National Highway Traffic Safety
Administration
Conclusion
Based upon its evaluation of the 33
exemption applications, FMCSA
exempts Trawn L. Andrews (NC), Jeffery
A. Benoit (VT), Norvan D. Brown (IA),
Thomas A. Busacca, Jr. (FL), James A.
Champion (WA), James C. Colbert (FL),
Bobby R. Cox (TN), Jackie K. Curlin
(KY), Justin W. Demarchi (OH), Gary
Goostree (OH), Jimmey C. Harris (TX),
David G. Henry (TX), Rogelio C.
Hernandez (CA), Michael J. Hoskins
(KS), Zion Irizarry (NV), Mohamed H.
Issak (KS), Craig B. Jacques (NY),
William D. Jackson (MN), Juan J. Luna
(CA), Robert Mollicone (FL),
Christopher D. Moore (NC), Elmore
Nicholson, Jr, (AL), Michael Pace (TX),
Ernest S. Parsons, Jr. (NY), James C.
Paschal, Jr. (GA), Lee E. Perry (AL),
Harold D. Pressley (TX), Thomas H.
Randall (MN), David T. Rueckert (WA),
Jason C. Sadler (KY), Robert Schick
(PA), Michael O. Thomas (NC), Danielle
Wilkins (CA) 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: February 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–05509 Filed 3–12–14; 8:45 am]
BILLING CODE 4910–EX–P
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[Docket No. NHTSA–2014–0025]
Agency Request for Approval of a New
Information Collection: Recruitment
and Debriefing of Human Subjects for
Field Study on Vehicle Occupant
Protection Technologies
National Highway Traffic
Safety Administration, DOT.
ACTION: Request for public comments on
a proposed collection of information.
AGENCY:
The Department of
Transportation (DOT) invites public
comments about our intention to request
Office of Management and Budget
(OMB) approval for a new information
collection. The information collection
involves eligibility, demographic, and
debriefing questionnaires. The
information will be used to recruit
participants for a field study on vehicle
occupant protection technologies and to
get information from study participants
about their experience with such
technologies. The study focuses on
occupant protection technologies that
restrict some vehicle functionality,
permanently or temporarily, when they
detect that a vehicle occupant is not
wearing a seat belt.
DATES: Written comments should be
submitted by May 12, 2014.
ADDRESSES: You may submit comments
identified by Docket No. NHTSA–2014–
0025 through one of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail or Hand Delivery: Docket
Management Facility, US Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590 between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday,
except Federal holidays. Telephone:
202–366–9826.
• Fax: 202–493–2251.
Instructions: All submission must
include the agency name and docket
number for this proposed collection of
information. Note that all comments
received will be posted without change
to https://www.regulation.gov, including
any personal information provided.
Please see the Privacy heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14333-14335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05509]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0174]
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 33 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.
DATES: The exemptions are effective March 13, 2014. The exemptions
expire on March 14, 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 January 10, 2014, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (79 FR 1908). That notice listed 33 applicants' case
histories. The 33 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 33 applications on their merits
and
[[Page 14334]]
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 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 33
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, prosthetic eye, macular atrophy, anterior
ischemic optic neuropathy, complete loss of vision, corneal transplant,
angle recession glaucoma, small angle esotropia, macular scar, optic
atrophy, dense amblyopia, optic pit maculopathy, macular degeneration,
retinal detachment, corneal neovascularization, strabismic amblyopia,
congenital cataract, macular hole, microphthalmia, aphakia, and
superior altitudinal defect. In most cases, their eye conditions were
not recently developed. Twenty-three of the applicants were either born
with their vision impairments or have had them since childhood.
The ten individuals that sustained their vision conditions as
adults have had it for a period of 4 to 33 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 33 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 39
years. In the past 3 years, two of the drivers were involved in crashes
and two 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 January 10, 2014
notice (79 FR 1908).
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
Applying principles from these studies to the past 3-year record of
the 33 applicants, two of the drivers were involved in crashes and two
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
[[Page 14335]]
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 33 applicants
listed in the notice of January 10, 2014 (79 FR 1908).
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 33 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.
MAG Trucking supported granting an exemption to Rogelio C.
Hernandez.
Conclusion
Based upon its evaluation of the 33 exemption applications, FMCSA
exempts Trawn L. Andrews (NC), Jeffery A. Benoit (VT), Norvan D. Brown
(IA), Thomas A. Busacca, Jr. (FL), James A. Champion (WA), James C.
Colbert (FL), Bobby R. Cox (TN), Jackie K. Curlin (KY), Justin W.
Demarchi (OH), Gary Goostree (OH), Jimmey C. Harris (TX), David G.
Henry (TX), Rogelio C. Hernandez (CA), Michael J. Hoskins (KS), Zion
Irizarry (NV), Mohamed H. Issak (KS), Craig B. Jacques (NY), William D.
Jackson (MN), Juan J. Luna (CA), Robert Mollicone (FL), Christopher D.
Moore (NC), Elmore Nicholson, Jr, (AL), Michael Pace (TX), Ernest S.
Parsons, Jr. (NY), James C. Paschal, Jr. (GA), Lee E. Perry (AL),
Harold D. Pressley (TX), Thomas H. Randall (MN), David T. Rueckert
(WA), Jason C. Sadler (KY), Robert Schick (PA), Michael O. Thomas (NC),
Danielle Wilkins (CA) 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: February 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-05509 Filed 3-12-14; 8:45 am]
BILLING CODE 4910-EX-P
