Notice2021-15258
Qualification of Drivers; Exemption Applications; Vision
Primary source
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Published
July 19, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces receipt of applications from eight individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.
Full Text
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<title>Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38180-38182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15258]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0008]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from eight individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before August 18, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0008 using any of the
following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
insert the docket number, FMCSA-2021-0008, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#7513181606141810111c16141935111a015b121a03"><span class="__cf_email__" data-cfemail="f2949f9181939f97969b91939eb2969d86dc959d84">[email protected]</span></a>, FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0008), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov/docket?D=FMCSA-">www.regulations.gov/docket?D=FMCSA-</a> 2021-0008. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
[[Page 38181]]
B. Viewing Comments
To view comments go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number, FMCSA-2021-0008, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The eight individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV 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.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec. 391.41(b)(10).
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 in intrastate commerce with the vision
deficiency for the past three 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 <a href="http://www.regulations.gov/docket?D=FMCSA-1998-3637">www.regulations.gov/docket?D=FMCSA-1998-3637</a>.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's former
waiver study program clearly demonstrated the driving performance of
experienced monocular drivers in the program is better than that of all
CMV drivers collectively.\1\ 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.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at <a href="https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf">https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf</a>.
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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.
Qualifications of Applicants
Karl C. Christenson
Mr. Christenson, 36, has corneal scarring in his right eye due to a
traumatic incident in 2018. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2021, his
ophthalmologist stated, ``It is in my medical opinion that Karl
Christenson, although he is limited to 20/200 vision in his right eye,
does appear to have sufficient vision to perform driving tasks required
to operate a commercial vehicle.'' Mr. Christenson reported that he has
driven tractor-trailer combinations for 7 years, accumulating 700,000
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
James G. Cothren
Mr. Cothren, 54, has had a prosthetic in his right eye since birth.
The visual acuity in his right eye is no light perception, and in his
left eye, 20/15. Following an examination in 2021, his optometrist
stated, ``In my opinion, this patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Cothren reported that he has driven tractor-trailer combinations for 25
years, accumulating 2.5 million miles. He holds a Class A CDL from
Georgia. His
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driving record for the last 3 years shows no crashes and one conviction
for speeding in a CMV; he exceeded the speed limit by 17 mph.
Gregory C. Grubb
Mr. Grubb, 30, has had refractive amblyopia in his left eye since
chidlhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2021, his ophthalmologist
stated, ``In my medical opinion, Greg has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Grubb
reported that he has driven tractor-trailer combinations for 8 years,
accumulating 416,000 miles. He holds a Class DA CDL from Kentucky. His
driving record for the last 3 years shows no crashes and two
convictions for moving violations in a CMV; failure to obey the
instructions of an applicable official traffic-control device, and
improper driving.
Ernest Herrera
Mr. Herrera, 54, has had a retinal detachment in his left eye since
2013. The visual acuity in his right eye is 20/20, and in his left eye,
20/200. Following an examination in 2020, his ophthalmologist stated,
``I can express that it is my opinion, that a person with a 20/20 or
20/25+2 Snellen acuity measurements in one eye, normal color perception
with both eyes open, a visual field of 120 horizontal degrees in each
eye, and that such person has made a living by legally operating a
commercial vehicle in the State of Texas for the last 5 years, would
possess sufficient vision necessary to operating a commercial
vehicle.'' Mr. Herrera reported that he has driven straight trucks for
35 years, accumulating 350,000 miles, and tractor-trailer combinations
for 21 years, accumulating 2.625 million miles. He holds a Class A CDL
from Texas. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation in a CMV; over gross weight.
Leonard G. Hill
Mr. Hill, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2021, his optometrist stated, ``In my
medical opinion, this patient has sufficient vision to perform normal
driving tasks required to operate a commercial vehicle.'' Mr. Hill
reported that he has driven straight trucks for 16 years, accumulating
2.2 million miles, and tractor-trailer combinations for 16 years,
accumulating 2.2 million miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Saul Quintero
Mr. Quintero, 50, has a prosthetic right eye due to a traumatic
incident in 2017. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2021, his ophthalmologist stated, ``Mr. Quintero has 20/20 vision on
the left eye and normal visual field which should qualify him to
operate a commercial vehicle.'' Mr. Quintero reported that he has
driven tractor-trailer combinations for 16 years, accumulating 2.16
million miles. He holds a Class A CDL from Indiana. His driving record
for the last 3 years shows one crash, which he was not cited for, and
no convictions for moving violations in a CMV.
Mersad Redzovic
Mr. Redzovic, 26, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2021, his optometrist stated, ``His
vision is sufficient to perform driving tasks required to operate a
commercial vehicle.'' Mr. Redzovic reported that he has driven straight
trucks for 2 years, accumulating 98,000 miles, and tractor-trailer
combinations for 3 years, accumulating 170,500 miles. He holds a Class
A CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Tyler J. Worthen
Mr. Worthen, 35, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2021, his optometrist stated, ``In my
medical opinion, Mr. Worthen has sufficient vision to perform the tasks
required to operate a commercial vehicle.'' Mr. Worthen reported that
he has driven straight trucks for 6 years, accumulating 156,000 miles,
and buses for 2 years, accumulating 15,600 miles. He holds an
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-15258 Filed 7-16-21; 8:45 am]
BILLING CODE 4910-EX-P
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