4174 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

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 final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt three individuals 

from the vision requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. They are unable to 

meet the vision requirement in one eye 

for various reasons. The exemptions 

enable these individuals to operate 

CMVs in interstate commerce without 

meeting the vision requirement in one 

eye. 

DATES: The exemptions were applicable 

on December 29, 2020. The exemptions 

expire on December 29, 2022. 

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/ 

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 20590–0001, 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. 

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 November 27, 2020, FMCSA 

published a notice announcing receipt 

of applications from three individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (85 FR 76151). The public 

comment period ended on December 28, 

2020, and one comment was received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with § 391.41(b)(10). 

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 a 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 red, green, and amber. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. An anonymous individual 

submitted a comment in support of the 

Agency’s decision to grant the 

exemptions. 

IV. Basis for Exemption Determination 

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 Agency’s decision regarding these 

exemption applications is based on 

medical reports about the applicants’ 

vision, as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the November 27, 

2020, Federal Register notice (85 FR 

76151) and will not be repeated here. 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their limitation and 

demonstrated their ability to drive 

safely. The three 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, cataract, 

and retinal detachment. In most cases, 

their eye conditions did not develop 

recently. Two of the applicants were 

either born with their vision 

impairments or have had them since 

childhood. The individual who 

developed their vision condition as an 

adult has had it for 20 years. Although 

each applicant has one eye that does not 

meet the vision requirement in 

§ 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 a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. 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 applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for 7 to 40 years. In 

the past 3 years, no drivers were 

involved in crashes, and no drivers were 

convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment that demonstrates the 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 4175 

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. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 

§ 391.41(b)(10) is likely to achieve a 

level of safety equal to that existing 

without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in § 391.41(b)(10) and (b) by a 

certified medical examiner (ME) who 

attests that the individual is otherwise 

physically qualified under § 391.41; (2) 

each driver must provide a copy of the 

ophthalmologist’s or optometrist’s 

report to the ME at the time of the 

annual medical examination; and (3) 

each driver must 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 also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the three 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Terence L. Broadwater (WV) 

Shannon L. Cagle (GA) 

Frank L. Crenshaw (OH) 

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

and 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. 2021–00797 Filed 1–14–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154; FMCSA– 

2014–0106; FMCSA–2014–0384; FMCSA– 

2015–0328; FMCSA–2017–0057; FMCSA– 

2018–0136] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for nine 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. Comments must be received on 

or before February 16, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2012–0154, Docket No. 

FMCSA–2014–0106, Docket No. 

FMCSA–2014–0384, Docket No. 

FMCSA–2015–0328, Docket No. 

FMCSA–2017–0057, or Docket No. 

FMCSA–2018–0136 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. 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 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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2012–0154, 

Docket No. FMCSA–2014–0106, Docket 

No. FMCSA–2014–0384, Docket No. 

FMCSA–2015–0328, Docket No. 

FMCSA–2017–0057, or Docket No. 

FMCSA–2018–0136) 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, put the 

docket number, FMCSA–2012–0154, 

FMCSA–2014–0106, FMCSA–2014– 

0384, FMCSA–2015–0328, FMCSA– 

2017–0057, or FMCSA–2018–0136, in 

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

When the new screen appears, 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.