Notice2021-26794
Qualification of Drivers; Exemption Applications; Vision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces receipt of applications from 13 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 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70575-70578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26794]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0015]
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 13 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 January 10, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0015 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-2021-0015, 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.
[[Page 70576]]
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#f7919a9484969a92939e94969bb7939883d9909881"><span class="__cf_email__" data-cfemail="8fe9e2ecfceee2eaebe6eceee3cfebe0fba1e8e0f9">[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-2021-0015), 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-2021-0015">www.regulations.gov/docket?D=FMCSA-2021-0015</a>. 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.
B. Viewing Comments
To view comments go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number, FMCSA-2021-0015, 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 regulatory 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 13 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, 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
[[Page 70577]]
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.
III. Qualifications of Applicants
Jacob J. Bell
Mr. Bell, 24, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2021, his optometrist stated,
``Visually safe to operate a commercial vehicle.'' Mr. Bell reported
that he has driven straight trucks for 5 years, accumulating 15,000
miles, tractor-trailer combinations for 5 years, accumulating 100,000
miles, and buses for 3 years, accumulating 3,000 miles. He holds a
Class A CDL from Colorado. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Robert F. Fullwood
Mr. Fullwood, 35, has had glaucoma in his right eye since 2011. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/20. Following an examination in 2021, his optometrist stated,
``Although patient has long standing reduced vision in the right eye,
his best corrected vision in the left eye (20/20), his full extent of
color vision in the left eye, and his binocular field of vision are
adequate to operate a commercial vehicle.'' Mr. Fullwood reported that
he has driven straight trucks for 3 years, accumulating 51,000 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.
Glen T. Garrabrant
Mr. Garrabrant, 59, has had a prosthetic in his right eye due to a
traumatic incident in 1980. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2021, his optometrist stated, ``It is my opinion that the health and
vision of Mr. Garrabrant's left eye at this time is good and has been
stable for years. During this time, it did not interfere with his
ability to operate a commercial motor vehicle.'' Mr. Garrabrant
reported that he has driven straight trucks for 35 years, accumulating
24,500 miles, and tractor-trailer combinations for 10 years,
accumulating 900,000. He holds a Class A CDL from New Jersey. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Lloyd M. Hicks
Mr. Hicks, 52, has had a retinal detachment in his left eye since
2006. The visual acuity in his right eye is 20/40, and in his left eye,
hand motion. Following an examination in 2021, his optometrist stated,
``Given the understanding that his vision is limited to primarily his
right eye only, the right eye is impaired from a peripheral field of
view and his central acuity is adequate to meet even basic driving
requirements, Mr. Hicks does have sufficient visual capacity to safely
operate his vehicle at this time.'' Mr. Hicks reported that he has
driven straight trucks for 35 years, accumulating 1.05 million miles.
He holds an operator's license from Arkansas. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Kyle M. Innella
Mr. Innella, 49, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2021, his ophthalmologist stated, ``It
is my medical opinion that Mr. Innella has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Innella reported that he has driven straight trucks for 29 years,
accumulating 246,500 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.
Tyraine Jackson
Mr. Jackson, 47, has a central scotoma in his right eye due to a
traumatic incident in 1991. The visual acuity in his right eye is 20/
50, and in his left eye, 20/20. Following an examination in 2021, his
ophthalmologist stated, ``Based on the two examinations available for
me to review done in this office on 6/3/2021 and 6/17/2021 I believe
the patient's vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Jackson reported that
he has driven straight trucks for 3 years, accumulating 84,000 miles,
and tractor-trailer combinations for 3 years, accumulating 84,000
miles. He holds a Class A CDL from Virginia. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Maris I. Kretsu
Mr. Kretsu, 36, 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/
60. Following an examination in 2021, his optometrist stated, ``All the
testing concludes that Mr. Kretsu has sufficient vision to obtain a
commercial driver's license and drive a commercial vehicle.'' Mr.
Kretsu reported that he has driven straight trucks for 5 years,
accumulating 400,000 miles. He holds an operator's license from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Ellis R. Martin
Mr. Martin, 73, has retinal scarring in his right eye since
childhood. The visual acuity in his right eye is counting fingers, and
in his left eye, 20/20. Following an examination in 2021, his
optometrist stated, ``In my medical opinion, patient demonstrates
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Martin reported that he has driven straight
trucks for 40 years, accumulating 360,000 miles. He holds an operator's
license from Maryland. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Jerred R. Murray
Mr. Murray, 32, had an enucleation of his left eye due to a
traumatic incident in 2015. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2021, his optometrist stated, ``Given that his vision has been
stable since 2015 and he has previously driven a commercial vehicle
since the loss of his left eye, it is my opinion that he may be well
adapted to his vision and may be able to continue to be capable of
driving a commercial vehicle despite the restricted field.'' Mr. Murray
reported that he has driven straight trucks for 5 years, accumulating
112,500 miles, and tractor-trailer combinations for 1 year,
accumulating 10,000 miles. He holds a Class A CDL from New York. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
[[Page 70578]]
Moises Perez
Mr. Perez, 44, has had amblyopia in his right eye since birth. 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
my opinion that his vision is sufficient to perform the driving tasks
required to operator [sic] a commercial vehicle.'' Mr. Perez reported
that he has driven straight trucks for 3 years, accumulating 39,000
miles. He holds an operator's license from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Jake Quillen
Mr. Quillen, 63, has ischemic optic neuropathy in his right eye due
to a stroke in 2017. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2021,
his optometrist stated, ``If these are true, Jake meets the federal
exemptions to be able to drive a commercial vehicle because of his
vision/field of vision in his left eye. Due to this, I can recommend
Mr. Quillen is capable of driving a commercial vehicle.'' Mr. Quillen
reported that he has driven straight trucks for 2 years, accumulating
20,000 miles, and tractor-trailer combinations for 35 years,
accumulating 3.3 million miles. He holds a Class AM CDL from Tennesse.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
David S. Rosen
Mr. Rosen, 65, has had a macular pucker in his left eye since 2015.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
50. Following an examination in 2021, his optometrist stated, ``I
certify patient, David Rosen, has sufficient vision to perform the
driving tasks to operate a commercial vehicle.'' Mr. Rosen reported
that he has driven buses for 4 years, accumulating 40,000 miles. He
holds a Class B CDL from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Robert C. Rucker
Mr. Rucker, 38, has a retinal detachment in his left eye due to a
traumatic incident in 1996. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2021, his
optometrist stated, ``In my medical opinion, I feel Mr. Rucker has
sufficient vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Rucker reported that he has driven straight trucks for 9
years, accumulating 90,000 miles. He holds a Class B CDL from
Tennessee. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
IV. 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. 2021-26794 Filed 12-9-21; 8:45 am]
BILLING CODE 4910-EX-P
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