0.092

                                                                          6.078

7-04

Brain

 24 h

                                                                       2.4220 g

                                                                       4.1631 g

                                                                       1.7411 g

                                                                       0.2762 g
                                                                       0.5674 g
                                                                       0.3911 g
                                                                       0.4955 g
                                                                       1089.792
                                                                       2254.402
                                                                       1617.212
                                                                       1963.862
                                                                       4004.327

                                                                  6971.9340 dpm

                                                                          2.195

                                                                          0.019

                                                                          1.100

7-04

Heart

 24 h

                                                                       2.4148 g

                                                                       3.0810 g

                                                                       0.6662 g

                                                                       0.3337 g
                                                                       0.1394 g
                                                                       0.1836 g
                                                                       2361.700
                                                                       1129.370
                                                                       1371.280
                                                                       7549.270

                                                                  5029.3237 dpm

                                                                          6.847

                                                                          0.014

                                                                          2.073

7-04

Lung

 24 h

                                                                       2.3915 g

                                                                       3.2805 g

                                                                       0.8890 g

                                                                       0.2089 g
                                                                       0.3523 g
                                                                       0.1186 g
                                                                       0.1841 g
                                                                       3709.450
                                                                       6155.620
                                                                       2200.510
                                                                       3223.000
                                                                      17822.641

                                                                 15844.3277 dpm

                                                                          2.827

                                                                          0.044

                                                                          4.895

7-04

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0682 g
                                                                       0.1302 g
                                                                       0.1280 g
                                                                        390.792
                                                                        624.522
                                                                        638.422
                                                                       5171.467

                                                                  1687.9670 dpm

                                                                          9.535

                                                                          0.005

                                                                          1.420

7-04

Femur

 24 h

                                                                       2.4109 g

                                                                       2.7991 g

                                                                       0.3882 g

                                                                       0.1699 g
                                                                       0.2150 g
                                                                       1464.352
                                                                       2640.162
                                                                      10449.365

                                                                  4056.4437 dpm

                                                                         17.517

                                                                          0.011

                                                                          2.870

7-04

Testes

 24 h

                                                                       2.4175 g

                                                                       4.8977 g

                                                                       2.4802 g

                                                                       0.6530 g
                                                                       0.5262 g
                                                                       0.6680 g
                                                                       0.5838 g
                                                                       3625.412
                                                                       2892.392
                                                                       3351.592
                                                                       3292.962
                                                                       5426.652

                                                                 13459.1815 dpm

                                                                          5.145

                                                                          0.037

                                                                          1.490

7-04

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0789 g
                                                                       0.0529 g
                                                                       0.0577 g
                                                                        278.052
                                                                        306.952
                                                                        408.632
                                                                       5469.541

                                                                  1036.4780 dpm

                                                                         32.949

                                                                          0.003

                                                                          1.502

7-04

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0744 g
                                                                       0.1012 g
                                                                       0.0764 g
                                                                        355.082
                                                                        454.812
                                                                        490.582
                                                                       5229.345

                                                                  1317.7950 dpm

                                                                         19.917

                                                                          0.004

                                                                          1.436

7-04

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1156 g
                                                                       0.1179 g
                                                                       0.0856 g
                                                                       2191.312
                                                                       2563.832
                                                                       2113.212
                                                                      21796.289

                                                                  6955.1958 dpm

                                                                         13.148

                                                                          0.019

                                                                          5.986

8-01

Blood

 24 h

                                                                       2.0722 g

                                                                       4.1085 g

                                                                       2.0363 g

                                                                       0.0627 g
                                                                       0.0693 g
                                                                        322.000
                                                                        372.680
                                                                       5256.672

                                                                 10704.1612 dpm

                                                                          2.304

                                                                          0.042

                                                                          1.444

8-01

Spleen

 24 h

                                                                       2.3702 g

                                                                       2.7348 g

                                                                       0.3646 g

                                                                       0.1147 g
                                                                       0.1147 g
                                                                       0.1301 g
                                                                       1998.410
                                                                       1262.330
                                                                       2288.480
                                                                      15339.528

                                                                  5592.7918 dpm

                                                                         24.475

                                                                          0.022

                                                                          4.213

8-01

Liver

 24 h

                                                                       2.4027 g

                                                                       7.8008 g

                                                                       5.3981 g

                                                                       0.2647 g
                                                                       0.1901 g
                                                                       0.2179 g
                                                                       6895.293
                                                                       4924.903
                                                                       5714.503
                                                                      26060.574

<PHONE_NUMBER> dpm

                                                                          0.612

                                                                          0.549

                                                                          7.157

8-01

Kidney

 24 h

                                                                       2.4247 g

                                                                       3.4766 g

                                                                       1.0519 g

                                                                       0.2792 g
                                                                       0.2585 g
                                                                       0.2714 g
                                                                       0.2338 g
                                                                       5177.130
                                                                       4667.390
                                                                       4852.270
                                                                       4106.960
                                                                      18010.797

                                                                 18945.5573 dpm

                                                                          2.267

                                                                          0.074

                                                                          4.947

8-01

Brain

 24 h

                                                                       2.3939 g

                                                                       3.9963 g

                                                                       1.6024 g

                                                                       0.4088 g
                                                                       0.3719 g
                                                                       0.3875 g
                                                                       0.4141 g
                                                                       1156.662
                                                                       1020.302
                                                                       1131.762
                                                                       1297.712
                                                                       2906.846

                                                                  4657.9302 dpm

                                                                          5.770

                                                                          0.018

                                                                          0.798

8-01

Heart

 24 h

                                                                       2.4184 g

                                                                       2.9184 g

                                                                       0.5000 g

                                                                       0.1916 g
                                                                       0.1459 g
                                                                       0.1438 g
                                                                       1524.520
                                                                       1067.140
                                                                       1035.630
                                                                       7490.950

                                                                  3745.4751 dpm

                                                                          5.437

                                                                          0.015

                                                                          2.057

8-01

Lung

 24 h

                                                                       2.4283 g

                                                                       3.1171 g

                                                                       0.6888 g

                                                                       0.2123 g
                                                                       0.1434 g
                                                                       0.1648 g
                                                                       0.1279 g
                                                                       4173.270
                                                                       2537.590
                                                                       3186.120
                                                                       2483.850
                                                                      19026.702

                                                                 13105.5922 dpm

                                                                          4.718

                                                                          0.051

                                                                          5.226

8-01

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0999 g
                                                                       0.0934 g
                                                                       0.0760 g
                                                                        394.512
                                                                        346.062
                                                                        295.372
                                                                       3846.904

                                                                  1035.9711 dpm

                                                                          3.293

                                                                          0.004

                                                                          1.057

8-01

Femur

 24 h

                                                                       2.3986 g

                                                                       2.6061 g

                                                                       0.2075 g

                                                                       0.1161 g
                                                                       0.0819 g
                                                                       1134.992
                                                                        325.452
                                                                       6874.882

                                                                  1426.5380 dpm

                                                                         42.199

                                                                          0.006

                                                                          1.888

8-01

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0486 g
                                                                       0.0701 g
                                                                       0.0814 g
                                                                        699.812
                                                                        510.182
                                                                        541.542
                                                                       9443.401

                                                                  1889.6245 dpm

                                                                         45.571

                                                                          0.007

                                                                          2.594

8-01

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0668 g
                                                                       0.0680 g
                                                                       0.0594 g
                                                                        466.862
                                                                        470.572
                                                                        418.132
                                                                       6982.799

                                                                  1356.0596 dpm

                                                                          0.856

                                                                          0.005

                                                                          1.918

8-01

Ovaries and Uterus

 24 h

                                                                       2.4092 g

                                                                       2.9460 g

                                                                       0.5368 g

                                                                       0.1911 g
                                                                       0.2266 g
                                                                       0.1131 g
                                                                       2543.752
                                                                       3407.432
                                                                       1305.412
                                                                      13296.808

                                                                  7137.7264 dpm

                                                                         13.143

                                                                          0.028

                                                                          3.652

8-01

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1403 g
                                                                       0.1409 g
                                                                       0.1035 g
                                                                       2263.732
                                                                       2984.402
                                                                       1304.792
                                                                      16640.875

                                                                  6401.7445 dpm

                                                                         25.897

                                                                          0.025

                                                                          4.570

8-02

Blood

 24 h

                                                                       2.0588 g

                                                                       4.0413 g

                                                                       1.9825 g

                                                                       0.0645 g
                                                                       0.0711 g
                                                                        412.410
                                                                        454.300
                                                                       6391.773

                                                                 12671.6896 dpm

                                                                          0.034

                                                                          0.049

                                                                          1.755

8-02

Spleen

 24 h

                                                                       2.3043 g

                                                                       2.6631 g

                                                                       0.3588 g

                                                                       0.1290 g
                                                                       0.1461 g
                                                                       0.0822 g
                                                                       2564.300
                                                                       2871.140
                                                                       1672.500
                                                                      19958.964

                                                                  7161.2763 dpm

                                                                          1.775

                                                                          0.028

                                                                          5.482

8-02

Liver

 24 h

                                                                       2.3175 g

                                                                       7.6501 g

                                                                       5.3326 g

                                                                       0.2134 g
                                                                       0.2774 g
                                                                       0.1878 g
                                                                       6352.013
                                                                       7923.113
                                                                       5517.203
                                                                      29235.298

<PHONE_NUMBER> dpm

                                                                          2.102

                                                                          0.601

                                                                          8.029

8-02

Kidney

 24 h

                                                                       2.2693 g

                                                                       3.3117 g

                                                                       1.0424 g

                                                                       0.1830 g
                                                                       0.2576 g
                                                                       0.2911 g
                                                                       0.2535 g
                                                                       3669.630
                                                                       5079.700
                                                                       6327.280
                                                                       5093.630
                                                                      20400.233

                                                                 21265.2027 dpm

                                                                          4.441

                                                                          0.082

                                                                          5.603

8-02

Brain

 24 h

                                                                       2.3133 g

                                                                       3.8968 g

                                                                       1.5835 g

                                                                       0.2837 g
                                                                       0.5078 g
                                                                       0.3466 g
                                                                       0.4233 g
                                                                        797.242
                                                                       1360.352
                                                                       1037.422
                                                                       1224.622
                                                                       2843.812

                                                                  4503.1766 dpm

                                                                          4.676

                                                                          0.017

                                                                          0.781

8-02

Heart

 24 h

                                                                       2.3218 g

                                                                       2.8388 g

                                                                       0.5170 g

                                                                       0.1498 g
                                                                       0.1922 g
                                                                       0.1661 g
                                                                       1523.520
                                                                       1639.110
                                                                       1209.250
                                                                       8659.587

                                                                  4477.0065 dpm

                                                                         16.739

                                                                          0.017

                                                                          2.378

8-02

Lung

 24 h

                                                                       2.2627 g

                                                                       2.9746 g

                                                                       0.7119 g

                                                                       0.2096 g
                                                                       0.1953 g
                                                                       0.0961 g
                                                                       0.1942 g
                                                                       4213.420
                                                                       3932.740
                                                                       1923.980
                                                                       4041.750
                                                                      20268.006

                                                                 14428.7932 dpm

                                                                          1.806

                                                                          0.056

                                                                          5.567

8-02

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0821 g
                                                                       0.1192 g
                                                                       0.1025 g
                                                                        314.172
                                                                        416.902
                                                                        355.802
                                                                       3598.482

                                                                  1093.2187 dpm

                                                                          5.505

                                                                          0.004

                                                                          0.988

8-02

Femur

 24 h

                                                                       2.3029 g

                                                                       2.6236 g

                                                                       0.3207 g

                                                                       0.2280 g
                                                                       0.0915 g
                                                                       2037.392
                                                                       1143.252
                                                                      10715.245

                                                                  3436.3792 dpm

                                                                         16.605

                                                                          0.013

                                                                          2.943

8-02

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0529 g
                                                                       0.0650 g
                                                                       0.0597 g
                                                                        451.282
                                                                        491.812
                                                                        548.712
                                                                       8429.452

                                                                  1497.0707 dpm

                                                                          9.694

                                                                          0.006

                                                                          2.315

8-02

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0264 g
                                                                       0.0318 g
                                                                       0.0488 g
                                                                        416.162
                                                                        482.872
                                                                        820.232
                                                                      15918.806

                                                                  1703.3123 dpm

                                                                          5.168

                                                                          0.007

                                                                          4.372

8-02

Ovaries and Uterus

 24 h

                                                                       2.3298 g

                                                                       2.7607 g

                                                                       0.4309 g

                                                                       0.1197 g
                                                                       0.1410 g
                                                                       0.3109 g
                                                                       1532.892
                                                                       1521.052
                                                                       1434.222
                                                                       9402.284

                                                                  4051.4442 dpm

                                                                         45.399

                                                                          0.016

                                                                          2.582

8-02

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1049 g
                                                                       0.0564 g
                                                                       0.0655 g
                                                                       1446.862
                                                                       1498.912
                                                                       1767.642
                                                                      22452.046

                                                                  5092.1240 dpm

                                                                         33.413

                                                                          0.020

                                                                          6.166

8-03

Blood

 24 h

                                                                       2.0875 g

                                                                       4.2004 g

                                                                       2.1129 g

                                                                       0.0607 g
                                                                       0.0625 g
                                                                        356.670
                                                                        390.610
                                                                       6062.854

                                                                 12810.2035 dpm

                                                                          3.083

                                                                          0.049

                                                                          1.665

8-03

Spleen

 24 h

                                                                       2.2524 g

                                                                       2.6424 g

                                                                       0.3900 g

                                                                       0.1581 g
                                                                       0.1244 g
                                                                       0.1009 g
                                                                       3155.330
                                                                       2454.680
                                                                       2050.050
                                                                      20002.536

                                                                  7800.9889 dpm

                                                                          1.476

                                                                          0.030

                                                                          5.494

8-03

Liver

 24 h

                                                                       2.2654 g

                                                                       7.8939 g

                                                                       5.6285 g

                                                                       0.2190 g
                                                                       0.1724 g
                                                                       0.2392 g
                                                                       6297.543
                                                                       4946.213
                                                                       6864.433
                                                                      28714.567

<PHONE_NUMBER> dpm

                                                                          0.125

                                                                          0.621

                                                                          7.886

8-03

Kidney

 24 h

                                                                       2.3059 g

                                                                       3.4138 g

                                                                       1.1079 g

                                                                       0.2687 g
                                                                       0.3254 g
                                                                       0.2425 g
                                                                       0.2642 g
                                                                       6055.970
                                                                       6386.870
                                                                       4830.340
                                                                       5410.410
                                                                      20640.794

                                                                 22867.9358 dpm

                                                                          6.362

                                                                          0.088

                                                                          5.669

8-03

Brain

 24 h

                                                                       2.2962 g

                                                                       3.9639 g

                                                                       1.6677 g

                                                                       0.3720 g
                                                                       0.4731 g
                                                                       0.3616 g
                                                                       0.4377 g
                                                                       1278.842
                                                                       1645.932
                                                                       1195.222
                                                                       1577.432
                                                                       3456.517

                                                                  5764.4332 dpm

                                                                          3.560

                                                                          0.022

                                                                          0.949

8-03

Heart

 24 h

                                                                       2.4493 g

                                                                       2.9838 g

                                                                       0.5345 g

                                                                       0.1985 g
                                                                       0.1602 g
                                                                       0.1581 g
                                                                       2755.380
                                                                       1348.050
                                                                       1371.810
                                                                      10324.217

                                                                  5518.2941 dpm

                                                                         29.862

                                                                          0.021

                                                                          2.836

8-03

Lung

 24 h

                                                                       2.4192 g

                                                                       3.2441 g

                                                                       0.8249 g

                                                                       0.2144 g
                                                                       0.1749 g
                                                                       0.2113 g
                                                                       0.1794 g
                                                                       4738.770
                                                                       3772.800
                                                                       4862.660
                                                                       4270.140
                                                                      22622.265

                                                                 18661.1061 dpm

                                                                          4.361

                                                                          0.072

                                                                          6.213

8-03

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1055 g
                                                                       0.1007 g
                                                                       0.1124 g
                                                                        482.802
                                                                        432.692
                                                                        441.572
                                                                       4267.249

                                                                  1359.5456 dpm

                                                                          7.613

                                                                          0.005

                                                                          1.172

8-03

Femur

 24 h

                                                                       2.4377 g

                                                                       2.7326 g

                                                                       0.2949 g

                                                                       0.1134 g
                                                                       0.1589 g
                                                                       1593.192
                                                                       1238.472
                                                                      10921.675

                                                                  3220.8019 dpm

                                                                         28.637

                                                                          0.012

                                                                          3.000

8-03

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0681 g
                                                                       0.0693 g
                                                                       0.0632 g
                                                                        879.442
                                                                        826.752
                                                                        752.512
                                                                      12250.289

                                                                  2457.4081 dpm

                                                                          4.693

                                                                          0.009

                                                                          3.365

8-03

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0724 g
                                                                       0.0665 g
                                                                       0.0553 g
                                                                       1181.292
                                                                        860.792
                                                                        818.982
                                                                      14690.080

                                                                  2852.8135 dpm

                                                                         11.499

                                                                          0.011

                                                                          4.035

8-03

Ovaries and Uterus

 24 h

                                                                       2.4001 g

                                                                       2.9573 g

                                                                       0.5572 g

                                                                       0.1220 g
                                                                       0.2566 g
                                                                       0.1723 g
                                                                       2436.932
                                                                       3795.352
                                                                       4065.462
                                                                      19453.679

                                                                 10839.5898 dpm

                                                                         22.748

                                                                          0.042

                                                                          5.343

8-03

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1355 g
                                                                       0.0983 g
                                                                       0.1183 g
                                                                       2417.992
                                                                       1967.422
                                                                       2253.962
                                                                      18970.788

                                                                  6679.6145 dpm

                                                                          5.730

                                                                          0.026

                                                                          5.210

8-04

Blood

 24 h

                                                                       2.0699 g

                                                                       4.1818 g

                                                                       2.1119 g

                                                                       0.0621 g
                                                                       0.0630 g
                                                                        387.540
                                                                        379.500
                                                                       6132.195

                                                                 12950.5818 dpm

                                                                          1.767

                                                                          0.048

                                                                          1.684

8-04

Spleen

 24 h

                                                                       2.2542 g

                                                                       2.6346 g

                                                                       0.3804 g

                                                                       0.0902 g
                                                                       0.1219 g
                                                                       0.1675 g
                                                                       1699.990
                                                                       2304.370
                                                                       3200.770
                                                                      18953.248

                                                                  7209.8155 dpm

                                                                          0.728

                                                                          0.027

                                                                          5.205

8-04

Liver

 24 h

                                                                       2.2918 g

                                                                       7.6905 g

                                                                       5.3987 g


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12811-12813]
[FR Doc No: 2013-04193]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0338]

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 9 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 February 25, 2013. The exemptions
expire on February 25, 2015.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>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 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 December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

Background

    On December 17, 2012, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (77 FR 74731). That notice listed 9 applicants' case
histories. The 9 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 9 applications on their merits and
made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision

of at least 70[deg] in the horizontal meridian in each eye, and the
ability to recognize the colors of traffic signals and devices showing
requirement red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 9
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, corneal scar, arterial occlusion,
complete loss of vision, retinal detachment, a central retinal hole,
and a macular scar. In most cases, their eye conditions were not
recently developed. Four of the applicants were either born with their
vision impairments or have had them since childhood.
    The five individuals that sustained their vision conditions as
adults have had it for a period of 4 to 30 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 9 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 4 to 36
years. In the past 3 years, none of the drivers were involved in
crashes or convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the December 17, 2012,
notice (77 FR 74731).

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.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 9 applicants, none of the drivers was involved in crashes or
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 9
applicants listed in the notice of December 17, 2012 (77 FR 74731).
    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 9 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 no comments in this proceeding.

Conclusion

    Based upon its evaluation of the 9 exemption applications, FMCSA
exempts Sava Andjelich (IN), William Audinwood (NY), Keith E. Breeding
(IN), Manual Chancey (FL), David L. Ellis (TX), Jack A. Hemelgarn (MN),
Bobby L. Rupe (TX), Gary Wanek (NE), and Richard A. Wilt (OH) 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: January 31, 2013.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-04193 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P