Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76151 

1These criteria may be found in Appendix A to 

Part 391—Medical Advisory Criteria, section H. 

Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, 

which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

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. 

B. 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 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

On May 7, 2020, FMCSA published a 

notice announcing its decision to renew 

exemptions for eight individuals from 

the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) to 

operate a CMV in interstate commerce 

and requested comments from the 

public (85 FR 27262). The public 

comment period ended on September 

24, 2020, and no comments were 

received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with 

§ 391.41(b)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the eight 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

epilepsy and seizure disorders 

prohibition in § 391.41(b)(8). 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of May and are discussed 

below. 

As of May 19, 2020, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following six individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (85 FR 27262): 

Jeffrey Ballweg (WI) 

Ronald Hartl (WI) 

Craig Hoisington (NH) 

Raymond Lobo (NJ) 

Michael Miller (WI) 

Peter Thompson (FL) 

The drivers were included in docket 

numbers FMCSA–2013–0109, FMCSA– 

2013–0442, and FMCSA–2013–0443. 

Their exemptions were applicable as of 

May 19, 2020, and will expire on May 

19, 2022. 

As of May 30, 2020, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (85 FR 27262): 

Nathan Kanouff (GA) and 

Joe L. King, Jr. (NC). 

The drivers were included in docket 

number FMCSA–2018–0051. Their 

exemptions were applicable as of May 

30, 2020, and will expire on May 30, 

2022. 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2020–26158 Filed 11–25–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0014] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from three 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 December 28, 2020. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2020–0014 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2020-0014. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• 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. 

• 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, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 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: 


jbell on DSKJLSW7X2PROD with NOTICES
76152 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

1A 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 https://www.govinfo.gov/content/ 

pkg/FR-1996-03-26/pdf/96-7226.pdf. 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2020–0014), 

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 

http://www.regulations.gov/ 

docket?D=FMCSA-2020-0014. Click on 

the ‘‘Comment Now!’’ 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 81⁄2 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 Documents and Comments 

To view comments, as well as any 

documents mentioned in this notice as 

being available in the docket, go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2020-0014 and 

choose the document to review. 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, 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 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

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 three 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 

§ 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° 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 

§ 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 

§ 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 

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 https://www.regulations.gov/ 

docket?D=FMCSA-1998-3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) 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. 

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. 


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Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76153 

III. Qualifications of Applicants 

Terence L. Broadwater 

Mr. Broadwater, 63, has a cataract in 

his right eye due to a traumatic incident 

in childhood. The visual acuity in his 

right eye is 20/200, and in his left eye, 

20/20. Following an examination in 

2020, his optometrist stated, ‘‘Mr. 

Broadwater has sufficient vision to drive 

a commercial vehicle.’’ Mr. Broadwater 

reported that he has driven straight 

trucks for 16 years, accumulating 

672,000 miles, and tractor-trailer 

combinations for 24 years, accumulating 

3.36 million miles. He holds a Class A 

CDL from West Virginia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Shannon L. Cagle 

Mr. Cagle, 35, 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 2020, his 

ophthalmologist stated, ‘‘It is my 

opinion that he has compensated for his 

vision loss in the right eye giving him 

sufficient vision to operate a 

commercial vehicle.’’ Mr. Cagle reported 

that he has driven straight trucks for 10 

years, accumulating 50,000 miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Frank L. Crenshaw 

Mr. Crenshaw, 59, has a retinal 

detachment in his right eye due to a 

traumatic incident in 2000. The visual 

acuity in his right eye is 20/60, and in 

his left eye, 20/25. Following an 

examination in 2020, his optometrist 

stated, ‘‘It is my medical opinion that 

his horizontal meridian visual fields 

and his visual acuity are sufficient to 

perform the driving tasks to safely 

operate a commercial vehicle.’’ Mr. 

Crenshaw reported that he has driven 

straight trucks for 2 years, accumulating 

20,000 miles, and tractor-trailer 

combinations for 5 years, accumulating 

1 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. 

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. 2020–26159 Filed 11–25–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–3637; FMCSA– 

1999–6480; FMCSA–2000–7165; FMCSA– 

2000–8203; FMCSA–2002–12294; FMCSA– 

2003–16564; FMCSA–2005–22194; FMCSA– 

2006–23773; FMCSA–2008–0266; FMCSA– 

2009–0206; FMCSA–2009–0291; FMCSA– 

2010–0201; FMCSA–2011–0379; FMCSA– 

2014–0002; FMCSA–2014–0004; FMCSA– 

2014–0006; FMCSA–2014–0007; FMCSA– 

2014–0010; FMCSA–2014–0297; FMCSA– 

2016–0029; FMCSA–2016–0031; FMCSA– 

2016–0033; FMCSA–2016–0206; FMCSA– 

2016–0207; FMCSA–2016–0208; FMCSA– 

2016–0209; FMCSA–2016–0210; FMCSA– 

2017–0017; FMCSA–2018–0010; FMCSA– 

2018–0011; FMCSA–2018–0017; FMCSA– 

2018–0018] 

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 renew exemptions for 42 

individuals from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) for interstate 

commercial motor vehicle (CMV) 

drivers. The exemptions enable these 

individuals to continue to operate CMVs 

in interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, 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., 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. Viewing Documents and Comments 

To view comments, as well as any 

documents mentioned in this notice as 

being available in the docket, go to 

http://www.regulations.gov. Insert the 

docket number, FMCSA–1998–3637; 

FMCSA–1999–6480; FMCSA–2000– 

7165; FMCSA–2000–8203; FMCSA– 

2002–12294; FMCSA–2003–16564; 

FMCSA–2005–22194; FMCSA–2006– 

23773; FMCSA–2008–0266; FMCSA– 

2009–0206; FMCSA–2009–0291; 

FMCSA–2010–0201; FMCSA–2011– 

0379; FMCSA–2014–0002; FMCSA– 

2014–0004; FMCSA–2014–0006; 

FMCSA–2014–0007; FMCSA–2014– 

0010; FMCSA–2014–0297; FMCSA– 

2016–0029; FMCSA–2016–0031; 

FMCSA–2016–0033; FMCSA–2016– 

0206; FMCSA–2016–0207; FMCSA– 

2016–0208; FMCSA–2016–0209; 

FMCSA–2016–0210; FMCSA–2017– 

0017; FMCSA–2018–0010; FMCSA– 

2018–0011; FMCSA–2018–0017; 

FMCSA–2018–0018, in the keyword 

box, and click ‘‘Search.’’ Next, click the 

‘‘Open Docket Folder’’ button and 

choose the document to review. 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, 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. 

B. 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 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

On October 5, 2020, FMCSA 

published a notice announcing its 

decision to renew exemptions for 42 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10) to operate a 

CMV in interstate commerce and 

requested comments from the public (85 

FR 62793). The public comment period 

ended on November 4, 2020, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to, 


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