[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67246-67248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28040]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0189]


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 16 individuals from the 
vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). The exemptions will enable these individuals to operate 
commercial motor vehicles (CMVs) in interstate commerce without meeting 
the prescribed vision standard. 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 October 31, 2011. The exemptions 
expire on October 30, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs, (202) 366-4001, [email protected], 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 http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or

[[Page 67247]]

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 acknowledgment 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 FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On September 7, 2011, FMCSA published a notice of receipt of 
exemption applications from certain individuals, and requested comments 
from the public (76 FR 55465). That notice listed 16 applicants' case 
histories. The 16 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 16 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 at 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 standard 
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard 
but have adapted their driving to accommodate their vision limitation 
and demonstrated their ability to drive safely. The 16 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 enucleation, prosthesis, complete loss of vision, macular 
scarring, retinal and iris coloboma, amblyopia, optic atrophy, optic 
neuropathy, and retinal damage. In most cases, their eye conditions 
were not recently developed. Six of the applicants were either born 
with their vision impairments or have had them since childhood. The 10 
individuals who developed their vision conditions as adults have had 
them for periods ranging from 3 to 28 years.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected 
vision in the other eye, and in a doctor's opinion, has sufficient 
vision to perform all the tasks necessary to operate a CMV. Doctors' 
opinions are supported by the applicants' possession of valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing standards for their 
State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a commercial vehicle, 
with their limited vision, to the satisfaction of the State. While 
possessing a valid CDL or non-CDL, these 16 drivers have been 
authorized to drive a CMV in intrastate commerce, even though their 
vision disqualified them from driving in interstate commerce. They have 
driven CMVs with their limited vision for careers ranging from 5 to 47 
years. In the past 3 years, none of the drivers was involved in a crash 
and two 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 September 7, 2011, 
notice (76 FR 55465).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision standard 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 medical reports about the applicants' vision, their driving 
records, and experience with the vision deficiency.
    To qualify for an exemption from the vision standard, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 3 
years. Recent driving performance is especially important in evaluating 
future safety, according to several research studies designed to 
correlate past and future driving performance. Results of these studies 
support the principle that the best predictor of future performance by 
a driver is his/her past record of crashes and traffic violations. 
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular drivers 
because data from the Federal Highway Administration's (FHWA) former 
waiver study program clearly demonstrate the driving performance of 
experienced monocular drivers in the program is better than that of all 
CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The 
fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers meeting the same qualifying conditions as those 
required by the waiver program are also likely to have adapted to their 
vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies 
building on that model concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors.

[[Page 67248]]

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 16 applicants, none of the applicants was involved in crashes and 
two of the applicants 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 standard 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 16 applicants listed in the notice of 
September 7, 2011 (76 FR 55465).
    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 16 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 standard 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 also 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 four comments in this proceeding. The comments were 
considered and discussed below.
    Robert C. Jeffries, Tadd R. Jeffries, Scott Kappleman and Christ 
Metz are all in favor of granting a Federal vision exemption to Jeffery 
Mueller, they indicated that they have all worked with the applicant 
and have no objections to FMCSA granting him a vision exemption.

Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA 
exempts Darrell G. Anthony, Jerry W. Branning, Stacey J. Buckingham, 
Gary E. Butler, Ronnie J. Fieck, James E. Knarr, Sr., Michael A. 
Lawson, Thomas J. Malama, Jeffrey A. Mueller, Harold L. Pearsall, 
Phillip M. Pridgen, Sr., Eric W. Schmidt, Gerald D. Stidham, Douglas A. 
Suraci, Michael L. Watters, Sr., and Keith Wentz 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: October 17, 2011.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-28040 Filed 10-28-11; 8:45 am]
BILLING CODE 4910-EX-P