Qualification of Drivers; Exemption Applications; Vision, 1284-1286 [2016-294]

Download as PDF 1284 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices Dated: December 29, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–295 Filed 1–8–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0056] 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 59 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted November 3, 2015. The exemptions expire on November 3, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: I. 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 and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On October 1, 2015, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (80 FR 59230). That notice listed 59 applicants’ case histories. The 59 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 59 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° 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 59 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, aphakia, bullous keratopathy, cancerous tumor, cataract, central pigment epithelial atrophy, central retinal detachment, central serous retinopathy, central PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 vision loss, chorioretinal scar, Coat’s exudative, complete loss of vision, corneal scar, decreased vision, glaucoma, Lasik surgery complication, macular degeneration, macular hole, macular scar, optic atrophy, optic neuropathy, optic nerve coloboma, phthisis bulbi, prosthetic eye, refractive amblyopia, retinal detachment, retinal scar, traumatic cataract, and vein occlusion. In most cases, their eye conditions were not recently developed. Thirty-five of the applicants were either born with their vision impairments or have had them since childhood. The 24 individuals that sustained their vision conditions as adults have had it for a range of 3 to 39 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor’s opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors’ opinions are supported by the applicants’ possession of valid commercial driver’s licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or nonCDL, these 59 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 in careers ranging for 0 to 55 years. In the past three years, 2 drivers were involved in crashes, and 3 drivers were convicted of moving violations in a CMV. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the October 1, 2015 notice (80 FR 59230). IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, our analysis E:\FR\FM\11JAN1.SGM 11JAN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 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 VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 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 59 applicants, 2 drivers were involved in crashes, and 3 drivers 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 59 applicants listed in the notice of October 1, 2015 (80 FR 59230). We recognize that the vision of an applicant may change and affect his/her PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 1285 ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 59 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. V. Discussion of Comments FMCSA received 6 comments in this proceeding. Samuel Byler, Andrea Gonzalez, and an anonymous commenter are in favor of all drivers on the notice receiving vision exemptions. An anonymous commenter stated that the requirements for a vision exemption should be more stringent. Steve Riney is in favor of granting a vision exemption to Richard Parker and Steve Wilson is in favor of granting a vision exemption to Harjot Aujla. IV. Conclusion Based upon its evaluation of the 59 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Steven B. Anderson (ID), Harjot S. Aujla (WA), Thomas B. Berger (PA), Jay E. Biggers (ID), Timothy A. Bohling (CO), Brian M. Bowman (TN), Gary Bozowski (NJ), Timothy V. Burke (CO), Timothy J. Burleson (IL), Robert J. Burns (KY), Richard A. Congdon, Jr. (OR), James E. Copp (PA), Jose C. Costa (WA), Thomas P. Davidson (NJ), Mark Davis (ME), Stephen W. Deminie (TX), Brad M. Donald (MI), Robert L. Ecker (MD), John A. Gartner (MN), Brian W. Gillund E:\FR\FM\11JAN1.SGM 11JAN1 1286 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices (MN), Glenn F. Gorsuch (OH), Keith N. Hall (UT), Steven E. Hayes (IN), Francisco Hernandez, Jr. (NM), Mervin M. Hershberger (WI), Dean M. Hobson (IL), Timmy R. Holley (PA), David E. Hopson (TX), Amos S. Hostetter, Jr. (OH), Isadore Johnson, Jr. (NY), William J. Kelly (CT), Stephen C. Linardos (FL), Daniel C. Linares (CA), Ray J. Liner (LA), Robert E. Mayers (MN), Kraig P. Middleton (MI), James G. Miles (TN), Rogelio Rocha Monjaraz (MD), Pablo R. Murillo (TX), Wayne Nicolaisen (PA), John R. Ogno (NJ), Richard A. Parker II (KS), Vincent E. Perkins (MA), John R. Price (AR), Francis D. Reginald, Jr. (NJ), Juan A. Rodriguez (CT), Roger D. Rogers (PA), Robert E. Rohrer (PA), David L. Roth (SD), James O. Russell, Jr. (OH), Ronald B. Salter (MS), Michael J. Schmelzle (KS), Ralph J. Schmitt (CO), Charles D. Theademan (WA), Dwight Tullis (IL), Arnulfo J. Valenzuela (TX), Danny L. Watson (TN), Lorenzo A. Williams (DE), William E. Zezulka (MN). 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: December 30, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–294 Filed 1–8–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0139] mstockstill on DSK4VPTVN1PROD with NOTICES Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated September 22, 2015, the National Railroad Passenger Corporation (Amtrak) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 238, Passenger Equipment Safety VerDate Sep<11>2014 18:17 Jan 08, 2016 Jkt 238001 Standards. FRA assigned the petition Docket Number FRA–2015–0139. Amtrak seeks a temporary waiver of compliance from the requirements of 49 CFR 238.115(b)(1)(2), which covers ‘‘marking and instructions for emergency egress and rescue access,’’ and references APTA PR–E–S_013–99, Rev. 1, ‘‘Standard for Emergency Lighting System Design for Passenger Cars,’’ for a period of 12 months until December 31, 2016. Amtrak is seeking this temporary relief as it works to bring 70 percent of its passenger rolling stock fleet that was ordered prior to September 8, 2000, and placed in service prior to September 9, 2002, into compliance with the emergency lighting requirements. Amtrak justifies the need for this deadline extension because it will need to test between 201 and 408 cars across its fleets located at multiple locations spanning geographic areas from the East Coast to the West Coast as outlined in its petition. Amtrak indicates that this 70-percent modification goal may require modification to as many as 1,200 of the passenger cars listed in its petition (the comprehensive listing of equipment includes Acela, TALGO, Surfliners, Comets, Heritage, Superliner 1, Superliner 2, Amfleet 1, Amfleet 2, Viewliner, Horizon, Metroliner, LDSL, and various inspection cars). A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number FRA–2015– 0139 and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by February 25, 2016 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2016–202 Filed 1–8–16; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2016–0001] Establishment of an Emergency Relief Docket for Calendar Year 2016 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of establishment of public docket (Notice). AGENCY: This Notice announces the establishment of FRA’s emergency relief docket (ERD) for calendar year 2016. The designated ERD for calendar year 2016 is Docket Number FRA–2016– 0001. ADDRESSES: See Supplementary Information section for further information regarding submitting petitions and/or comments to Docket No. FRA–2016–0001. SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct final rule addressing the establishment of ERDs and the procedures for handling SUMMARY: E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1284-1286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-294]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0056]


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 59 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these CMV drivers.

DATES: The exemptions were granted November 3, 2015. The exemptions 
expire on November 3, 2017.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On October 1, 2015, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (80 FR 59230). That notice listed 59 applicants' case 
histories. The 59 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 59 applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle if that person has distant visual acuity of at least 20/40 
(Snellen) in each eye without corrective lenses or visual acuity 
separately corrected to 20/40 (Snellen) or better with corrective 
lenses, distant binocular acuity of a least 20/40 (Snellen) in both 
eyes with or without corrective lenses, field of vision of at least 
70[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision 
requirement but have adapted their driving to accommodate their vision 
limitation and demonstrated their ability to drive safely. The 59 
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, aphakia, bullous keratopathy, cancerous 
tumor, cataract, central pigment epithelial atrophy, central retinal 
detachment, central serous retinopathy, central vision loss, 
chorioretinal scar, Coat's exudative, complete loss of vision, corneal 
scar, decreased vision, glaucoma, Lasik surgery complication, macular 
degeneration, macular hole, macular scar, optic atrophy, optic 
neuropathy, optic nerve coloboma, phthisis bulbi, prosthetic eye, 
refractive amblyopia, retinal detachment, retinal scar, traumatic 
cataract, and vein occlusion. In most cases, their eye conditions were 
not recently developed. Thirty-five of the applicants were either born 
with their vision impairments or have had them since childhood.
    The 24 individuals that sustained their vision conditions as adults 
have had it for a range of 3 to 39 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 59 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 in careers ranging for 0 to 55 
years. In the past three years, 2 drivers were involved in crashes, and 
3 drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the October 1, 2015 
notice (80 FR 59230).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to be restricted to intrastate driving. With the 
exemption, applicants can drive in interstate commerce. Thus, our 
analysis

[[Page 1285]]

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 59 applicants, 2 drivers were involved in crashes, and 3 drivers 
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 59 applicants listed in the notice of October 
1, 2015 (80 FR 59230).
    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 59 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.

V. Discussion of Comments

    FMCSA received 6 comments in this proceeding. Samuel Byler, Andrea 
Gonzalez, and an anonymous commenter are in favor of all drivers on the 
notice receiving vision exemptions. An anonymous commenter stated that 
the requirements for a vision exemption should be more stringent. Steve 
Riney is in favor of granting a vision exemption to Richard Parker and 
Steve Wilson is in favor of granting a vision exemption to Harjot 
Aujla.

IV. Conclusion

    Based upon its evaluation of the 59 exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):
    Steven B. Anderson (ID), Harjot S. Aujla (WA), Thomas B. Berger 
(PA), Jay E. Biggers (ID), Timothy A. Bohling (CO), Brian M. Bowman 
(TN), Gary Bozowski (NJ), Timothy V. Burke (CO), Timothy J. Burleson 
(IL), Robert J. Burns (KY), Richard A. Congdon, Jr. (OR), James E. Copp 
(PA), Jose C. Costa (WA), Thomas P. Davidson (NJ), Mark Davis (ME), 
Stephen W. Deminie (TX), Brad M. Donald (MI), Robert L. Ecker (MD), 
John A. Gartner (MN), Brian W. Gillund

[[Page 1286]]

(MN), Glenn F. Gorsuch (OH), Keith N. Hall (UT), Steven E. Hayes (IN), 
Francisco Hernandez, Jr. (NM), Mervin M. Hershberger (WI), Dean M. 
Hobson (IL), Timmy R. Holley (PA), David E. Hopson (TX), Amos S. 
Hostetter, Jr. (OH), Isadore Johnson, Jr. (NY), William J. Kelly (CT), 
Stephen C. Linardos (FL), Daniel C. Linares (CA), Ray J. Liner (LA), 
Robert E. Mayers (MN), Kraig P. Middleton (MI), James G. Miles (TN), 
Rogelio Rocha Monjaraz (MD), Pablo R. Murillo (TX), Wayne Nicolaisen 
(PA), John R. Ogno (NJ), Richard A. Parker II (KS), Vincent E. Perkins 
(MA), John R. Price (AR), Francis D. Reginald, Jr. (NJ), Juan A. 
Rodriguez (CT), Roger D. Rogers (PA), Robert E. Rohrer (PA), David L. 
Roth (SD), James O. Russell, Jr. (OH), Ronald B. Salter (MS), Michael 
J. Schmelzle (KS), Ralph J. Schmitt (CO), Charles D. Theademan (WA), 
Dwight Tullis (IL), Arnulfo J. Valenzuela (TX), Danny L. Watson (TN), 
Lorenzo A. Williams (DE), William E. Zezulka (MN).
    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: December 30, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-294 Filed 1-8-16; 8:45 am]
 BILLING CODE 4910-EX-P
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