[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11046-11049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03700]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0003]


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 11 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 March 25, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2021-0003 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D= FMCSA-2021-0003. 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#ddbbb0beaebcb0b8b9b4bebcb19db9b2a9f3bab2ab"><span class="__cf_email__" data-cfemail="0c6a616f7f6d616968656f6d604c686378226b637a">[email protected]</span></a>, 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: 

[[Page 11047]]

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2021-0003), 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-2021-0003. 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 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 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-2021-0003 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.

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 11 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 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.
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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 https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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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.

[[Page 11048]]

III. Qualifications of Applicants

Antonio R. Barros

    Mr. Barros, 53, 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/
200. Following an examination in 2020, his ophthalmologist stated, ``In 
my medical opinion, Mr. Barros has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Barros 
reported that he has driven straight trucks for 12 years, accumulating 
120,000 miles, and tractor-trailer combinations for 12 years, 
accumulating 96,000 miles. He holds a Class A CDL from NY. His driving 
record for the last three years shows no crashes and no convictions for 
moving violations in a CMV.

Robert D. Boudreau

    Mr. Boudreau, 54, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in his left 
eye, 20/350. Following an examination in 2020, his ophthalmologist 
stated, ``In my medical opinion, Mr. Boudreau has sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Boudreau reported that he has driven tractor-trailer combinations for 
22 years, accumulating 2.2 million miles. He holds an operator's 
license from Arizona. His driving record for the last three years shows 
no crashes and no convictions for moving violations in a CMV.

Doris J. Goldsmith

    Ms. Goldsmith, 48, has complete loss of vision in her left eye due 
to a traumatic incident in childhood. The visual acuity in her right 
eye is 20/20, and in her left eye, hand motion only. Following an 
examination in 2020, her optometrist stated, ``Her left eye is entirely 
stable. In my opinion Doris is completely capable of operating a 
commercial vehicle with no restriction.'' Ms. Goldsmith reported that 
she has driven straight trucks for 2 years, accumulating 31,200 miles, 
and tractor-trailer combinations for 20 years, accumulating 2.2 million 
miles. She holds a Class DA CDL from Kentucky. Her driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Todd C. Kraese

    Mr. Kraese, 51, has had a retinal detachment in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, light perception. Following an examination in 2020, his 
optometrist stated, ``In my opinion, the patient has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Kraese reported that he has driven tractor-trailer 
combinations for 6 years, accumulating 36,000 miles. He holds an 
operator's license from Indiana. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Kathy A. Mason

    Ms. Mason, 55, has a prosthetic right eye due to melanoma in 2012. 
The visual acuity in her right eye is no light perception, and in her 
left eye, 20/20. Following an examination in 2020, her optometrist 
stated, ``Her prosthetic in the left eye will not hinder her driving in 
any way. She is capable of operating a commercial vehicle or any 
vehicle thererof.'' Ms. Mason reported that she has driven straight 
trucks for 20 years, accumulating 200,000 miles, tractor-trailer 
combinations for 17 years, accumulating 85,000 miles, and buses for 13 
years, accumulating 1.56 million miles. She holds a Class A CDL from 
Texas. Her driving record for the last three years shows no crashes and 
no convictions for moving violations in a CMV.

Luke A. Perry

    Mr. Perry, 58, has a corneal scar in his left eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/20, and in his left eye, 20/300. Following an examination in 2020, 
his ophthalmologist stated, ``It is my opinion that Mr. Perry has 
sufficient vision to operate a commercial vehicle.'' Mr. Perry reported 
that he has driven straight trucks for 6 years, accumulating 60,000 
miles, and tractor-trailer combinations for 3 years, accumulating 
330,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Percy C. Robinson

    Mr. Robinson, 48, has a retinal detachment in his left eye due to 
spontaneous degeneration in 2008. The visual acuity in his right eye is 
20/20, and in his left eye, light perception. Following an examination 
in 2020, his optometrist stated, ``In my opinion, Mr. Robinson has 
vision sufficient to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Robinson reported that he has driven straight trucks for 
25 years, accumulating 120,000 miles, and tractor-trailer combinations 
for 25 years, accumulating 25,000 miles. He holds a Class AM CDL from 
Alabama. His driving record for the last three years shows no crashes 
and no convictions for moving violations in a CMV.

Harvinder S. Sahota

    Mr. Sahota, 38, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2020, his ophthalmologist stated, ``In 
my medical opinion Harvinder has sufficient vision, color vision and 
visual fields to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Sahota reported that he has driven tractor-
trailer combinations for 3 years, accumulating 360,000 miles. He holds 
a Class A CDL from California. His driving record for the last three 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael J. Wells

    Mr. Wells, 64, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is hand motion only, and in his left 
eye, 20/25. Following an examination in 2020 his optometrist stated, 
``Mr. Wells has been able to safely operate a commercial vehicle for 
years and should be able to continue doing so, without his vision 
impacting that ability.'' Mr. Wells reported that he has driven 
straight trucks for 25 years, accumulating 1.25 million miles, and 
tractor-trailer combinations for 25 years, accumulating 5 million 
miles. He holds a Class A CDL from North Carolina. His driving record 
for the last three years shows no crashes and no convictions for moving 
violations in a CMV.

Dennis C. Welpe

    Mr. Welpe, 55, has a retinal detachment in his in his left eye due 
to a traumatic incident in 1983. The visual acuity in his right eye is 
20/20, and in his left eye, 20/400. Following an examination in 2020, 
his ophthalmologist stated, ``It is in my opinion Mr. Welpe has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Welpe reported that he has driven buses for 
37 years, accumulating 74,000 miles. He holds a Class B CDL from Texas. 
His driving record for the last three years shows no crashes and no 
convictions for moving violations in a CMV.

Kevin D. White

    Mr. White, 48, has a complete loss of vision in his left eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, complete loss of vision. Following an 
examination in 2021, his

[[Page 11049]]

ophthalmologist stated, ``In my medical opinion, I believe Mr. White 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. White reported that he has driven straight 
trucks for 4 years, accumulating 160,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 780,000 miles. He holds a Class 
A CDL from Texas. His driving record for the last three 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. 2021-03700 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P


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