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Federal Register/Vol. 81, No. 131/Friday, July 8, 2016/Notices

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Federal Register/Vol. 81, No. 131/Friday, July 8, 2016/Notices 44680 Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices on to explain that because the current FMCSA Response FOR FURTHER INFORMATION CONTACT: exception remains in the FMCSRs (40 FMCSA responded to the question of Christine A. Hydock, Chief, Medical CFR 391.41(b)(12)(ii)), they recommend who is qualified to be a ME in the Programs Division, (202) 366–4001, guidelines be provided to MEs regarding National Registry of Certified Medical [email protected], FMCSA, the use of narcotics. Examiners final rule (77 FR 24106, April Department of Transportation, 1200 New Jersey Avenue SE., Room W64– FMCSA Response 20, 2012), and is not considering a change to the regulation in 49 CFR 113, Washington, DC 20590–0001. Although optional use of the 391.41 390.103, Eligibility requirements for Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal CMV Driver Medication Form was medical examiner certification in this holidays. If you have questions introduced as a result of the MRB and notice. Therefore, these comments are regarding viewing or submitting MCSAC recommendations related to the outside the scope of this notice. material to the docket, contact Docket use of Schedule II medications by CMV Public Comments Invited: FMCSA Services, telephone (202) 366–9826. drivers, the recommendation was for requests that you comment on any SUPPLEMENTARY INFORMATION: FMCSA to develop a standardized form aspect of this information collection, to assist the certified ME when including: (1) Whether the proposed I. Electronic Access collection is necessary for FMCSA to reviewing prescription medications that You may see all the comments online have been disclosed during the history perform its functions, (2) the accuracy of the estimated burden, (3) ways for the through the Federal Document and physical examination for CMV Management System (FDMS) at http:// driver certification. Therefore, the form FMCSA to enhance the quality, usefulness, and clarity of the collected www.regulations.gov. was not designed to specifically address Docket: For access to the docket to information, and (4) ways that the Schedule II medications. The form was read background documents or burden could be minimized without designed to address any prescription comments, go to http:// reducing the quality of the collected medications that a driver is taking that www.regulations.gov and/or Room information. Comments received in may impair his/her ability to safety W12–140 on the ground level of the response to this notice are sent to the operate a CMV. FMCSA is not West Building, 1200 New Jersey Avenue OMB Desk Officer to address. considering a change in the regulations SE., Washington, DC, between 9 a.m. or guidance that would prohibit or Issued under the authority delegated in 49 and 5 p.m., Monday through Friday, advise the ME regarding Schedule II CFR 1.87 on: June 30, 2016. except Federal holidays. medications at this time. Therefore, G. Kelly Regal, Privacy Act: In accordance with 5 these comments are outside of the scope Associate Administrator, Office of Research U.S.C. 553(c), DOT solicits comments of this notice. and Information Technology. from the public to better inform its [FR Doc. 2016–16199 Filed 7–7–16; 8:45 am] rulemaking process. DOT posts these 2. Qualifications of the ME BILLING CODE 4910–EX–P comments, without edit, including any personal information the commenter Several commenters stated that a ME provides, to www.regulations.gov, as might not be qualified to make a DEPARTMENT OF TRANSPORTATION described in the system of records medical qualification decision if the notice (DOT/ALL–14 FDMS), which can driver uses Schedule II medications, Federal Motor Carrier Safety be reviewed at www.dot.gov/privacy. because of a lack of training in Administration pharmacology. II. Background [Docket No. FMCSA–2015–0345] OOIDA stated that the personal On December 21, 2015, FMCSA physician is best equipped to review a Qualification of Drivers; Exemption published a notice of receipt of driver’s medical history and suggested Applications; Vision exemption applications from certain that a personal physician be the one to individuals, and requested comments AGENCY: review the driver’s medical history and Federal Motor Carrier Safety from the public (80 FR 79414). That make the decision whether a medication Administration (FMCSA), DOT. notice listed 19 applicants’ case will adversely affect the driver’s ability ACTION: Notice of final disposition. histories. The 19 individuals applied for exemptions from the vision requirement to safely operate a CMV. SUMMARY: FMCSA announces its in 49 CFR 391.41(b)(10), for drivers who Dr. Hegmann advocated for decision to exempt 19 individuals from operate CMVs in interstate commerce. implementation of the MRB’s the vision requirement in the Federal Under 49 U.S.C. 31136(e) and 31315, recommendation that ME eligibility be Motor Carrier Safety Regulations FMCSA may grant an exemption for a 2- limited to those medically trained (i.e., (FMCSRs). They are unable to meet the year period if it finds ‘‘such exemption MD, DO, PA and NPs). He stated that vision requirement in one eye for would likely achieve a level of safety the concept that these medically various reasons. The exemptions will that is equivalent to or greater than the untrained examiners can make an enable these individuals to operate level that would be achieved absent informed judgment about driver commercial motor vehicles (CMVs) in such exemption.’’ The statute also impairment from narcotics, assess how interstate commerce without meeting allows the Agency to renew exemptions opioids may interact with other the prescribed vision requirement in at the end of the 2-year period. medications, provide guidance to truck one eye. The Agency has concluded that Accordingly, FMCSA has evaluated the drivers, and judge fitness to drive is granting these exemptions will provide 19 applications on their merits and factually false. Dr. Hegmann feels that a level of safety that is equivalent to or made a determination to grant FMCSA does not rely on greater than the level of safety exemptions to each of them. recommendations of the MRB and will maintained without the exemptions for selectively use whichever source of these CMV drivers. III. Vision and Driving Experience of guidance is least restrictive which is DATES: The exemptions were granted the Applicants directly contrary to the central, stated January 21, 2016. The exemptions The vision requirement in the purpose of the Agency. expire on January 21, 2018. FMCSRs provides: VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices 44681 A person is physically qualified to past three years, no drivers were deficiency and will continue to operate drive a commercial motor vehicle if that involved in crashes, and 2 drivers were safely. person has distant visual acuity of at convicted of moving violations in a The first major research correlating least 20/40 (Snellen) in each eye CMV. past and future performance was done without corrective lenses or visual The qualifications, experience, and in England by Greenwood and Yule in acuity separately corrected to 20/40 medical condition of each applicant 1920. Subsequent studies, building on (Snellen) or better with corrective were stated and discussed in detail in that model, concluded that crash rates lenses, distant binocular acuity of a least the December 21, 2015 notice (80 FR for the same individual exposed to 20/40 (Snellen) in both eyes with or 79414). certain risks for two different time without corrective lenses, field of vision periods vary only slightly (See Bates of at least 70° in the horizontal meridian IV. Basis for Exemption Determination and Neyman, University of California in each eye, and the ability to recognize Under 49 U.S.C. 31136(e) and 31315, Publications in Statistics, April 1952). the colors of traffic signals and devices FMCSA may grant an exemption from Other studies demonstrated theories of showing red, green, and amber (49 CFR the vision requirement in 49 CFR predicting crash proneness from crash 391.41(b)(10)). 391.41(b)(10) if the exemption is likely history coupled with other factors. FMCSA recognizes that some drivers to achieve an equivalent or greater level These factors—such as age, sex, do not meet the vision requirement but of safety than would be achieved geographic location, mileage driven and have adapted their driving to without the exemption. Without the conviction history—are used every day accommodate their vision limitation exemption, applicants will continue to by insurance companies and motor and demonstrated their ability to drive be restricted to intrastate driving. With vehicle bureaus to predict the safely. The 19 exemption applicants the exemption, applicants can drive in probability of an individual listed in this notice are in this category. interstate commerce. Thus, our analysis experiencing future crashes (See Weber, They are unable to meet the vision focuses on whether an equal or greater Donald C., ‘‘Accident Rate Potential: An requirement in one eye for various level of safety is likely to be achieved by Application of Multiple Regression reasons, including amblyopia, central permitting each of these drivers to drive Analysis of a Poisson Process,’’ Journal serous chorioretinopathy, central vision in interstate commerce as opposed to of American Statistical Association, loss, complete loss of vision, optic restricting him or her to driving in June 1971). A 1964 California Driver atrophy, optic neuropathy, partial optic intrastate commerce. Record Study prepared by the California atrophy, phthisis, prosthetic eye, To evaluate the effect of these Department of Motor Vehicles pseudophakia, refractive amblyopia, exemptions on safety, FMCSA concluded that the best overall crash predictor for both concurrent and and retinal detachment.
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