Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6229 

Title: Notice of Proposed Construction 

or Alteration, Notice of Actual 

Construction or Alteration. 

Form Numbers: FAA Forms 7460–1 

and 7460–2. 

Type of Review: Renewal of an 

information collection. 

Background: 49 U.S.C. Section 44718 

states that the Secretary of 

Transportation shall require notice of 

structures that may affect navigable 

airspace, air commerce, or air capacity. 

These notice requirements are contained 

in 14 CFR 77. The information is 

collected via FAA Forms 7460–1 and 

7460–2. 

Respondents: Approximately 85,000 

registered respondents including 

individuals or organizations that 

propose construction or alteration 

projects and are required to provide 

adequate notification to the FAA of that 

construction or alteration. 

Frequency: Information is collected 

on occasion. 

Estimated Average Burden per 

Response: Approximately 15 Minutes. 

Estimated Total Annual Burden: 

55,058 hours. 

Issued in Washington, DC, on December 

13, 2021. 

Michael Helvey, 

Obstruction Evaluation Group Manager, AJV– 

A500. 

[FR Doc. 2022–02188 Filed 2–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0012] 

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. 

SUMMARY: FMCSA announces receipt of 

applications from 12 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 7, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2022–0012 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0012, in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

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, 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–2022–0012), 

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 

www.regulations.gov/docket?D=FMCSA2022-0012. 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 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 Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2022–0012, in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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 

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 12 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 


khammond on DSKJM1Z7X2PROD with NOTICES
6230 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / 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. 

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 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 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. 

III. Qualifications of Applicants 

Jacob A. Bigelow 

Mr. Bigelow, 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, 20/400. Following an 

examination in 2021, his 

ophthalmologist stated, ‘‘In my medical 

opinion he had this level of vision his 

entire life and he has adapted to this 

and I feel he has vision sufficient to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Bigelow reported that he has driven 

straight trucks for 4 years, accumulating 

40,000 miles. He holds an operator’s 

license from Wisconsin. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

William H. Brown 

Mr. Brown, 59, has had a retinal 

detachment in his right eye since 1980. 

The visual acuity in his right eye is 20/ 

60, and in his left eye, 20/20. Following 

an examination in 2021, his optometrist 

stated, ‘‘This letter is to certify that 

William Brown’s vision is sufficient to 

continue driving commercial vehicles 

with correction.’’ Mr. Brown reported 

that he has driven tractor-trailer 

combinations for 30 years, accumulating 

2.55 million miles. He holds a Class A 

CDL from Oregon. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Ronald L. Butler 

Mr. Butler, 55, has had amblyopia in 

his left eye since birth. The visual acuity 

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

eye, 20/400. Following an examination 

in 2021, his optometrist stated, ‘‘In my 

medical opinion, Ronald Butler has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Butler reported that he has 

driven tractor-trailer combinations for 

25 years, accumulating 2.625 million 

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. 

Stephen Butts 

Mr. Butts, 36, has had amblyopia in 

his left eye since birth. The visual acuity 

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

eye, 20/100. Following an examination 

in 2021, his optometrist stated, ‘‘Despite 

his longstanding visual deficit in his left 

eye, he has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle and should be 

considered to retain his commercial 

vehicle license.’’ Mr. Butts reported that 

he has driven straight trucks for 7 years, 

accumulating 84,000 miles. He holds an 

operator’s license from Missouri. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Daniel J. Clark 

Mr. Clark, 50, has corneal scarring in 

his right eye due to a traumatic incident 

in 2016. The visual acuity in his right 

eye is light perception, and in his left 

eye, 20/20. Following an examination in 

2021, his ophthalmologist stated, ‘‘I feel 

he can operate a commercial motor 

vehicle safely and with in restrictions.’’ 

Mr. Clark reported that he has driven 

tractor-trailer combinations for 18 years, 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6231 

accumulating 1.8 million 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. 

Kamaljit S. Dhillon 

Mr. Dhillon, 48, has had complete 

vision loss in his left eye due to a 

traumatic incident in 1994. 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, ‘‘His vision and his 

field of vision in his right eye are 

excellent and he can therefore safely 

operate a commercial vehicle.’’ Mr. 

Dhillon reported that he has driven 

straight trucks for 10 years, 

accumulating 680,000 miles, and 

tractor-trailer combinations for 6 years, 

accumulating 68,000 miles. He holds a 

Class A CDL from Ohio. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation in a CMV; failing to obey a 

traffic device. 

Michael P. Gross 

Mr. Gross, 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, 20/50. Following an 

examination in 2021, his optometrist 

stated, ‘‘I certify that, in my medical 

opinion, Mr. Gross does have sufficient 

visual performance to perform the 

visual tasks necessary to operate a 

commercial vehicle.’’ Mr. Gross 

reported that he has driven straight 

trucks for 25 years, accumulating 25 

million miles, and tractor-trailer 

combinations for 6 years, accumulating 

30 million miles. He holds a Class A 

CDL from Utah. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

James Mize 

Mr. Mize, 33, has optic atrophy in his 

left eye since childhood. The visual 

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

his left eye, 20/400. Following an 

examination in 2021, his 

ophthalmologist stated, ‘‘In my medical 

opinion, James Mize has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Mize reported that he has 

driven straight trucks for 6 years, 

accumulating 60,000 miles. He holds a 

Class A CDL from Tennesse. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Eugene F. Napieralski 

Mr. Napieralski, 57, has complete 

vision loss in his left eye since birth. 

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, ‘‘In my 

professional opinion, Mr. Napieralski 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Napieralski 

reported that he has driven straight 

trucks for 38 years, accumulating 

950,000 miles, and tractor-trailer 

combinations for 2 years, accumulating 

20,000 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. 

Gerard L. Pagan 

Mr. Pagan, 61, has had amblyopia in 

his left eye since childhood. The visual 

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

his left eye, 20/100. Following an 

examination in 2021, his optometrist 

stated, ‘‘I certify that upon examining 

Jerry Pagan on 9/9/2021, he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Pagan reported that he has 

driven tractor-trailer combinations for 

25 years, accumulating 2 million miles. 

He holds a Class A CDL from North 

Carolina. 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. 

Sheryl J. Simpson 

Ms. Simpson, 58, has had amblyopia 

in her left eye since childhood. The 

visual acuity in her right eye is 20/25, 

and in her left eye, 20/50. Following an 

examination in 2021, her optometrist 

stated, ‘‘In my medical opinion, Sheryl 

has more than sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Ms. 

Simpson reported that she has driven 

buses for 8 years, accumulating 704,000 

miles. She holds a Class B CDL from 

Texas. Her driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Willie J. Smith 

Mr. Smith, 64, has corneal opacity in 

his right eye due to a traumatic incident 

in 1985. The visual acuity in his right 

eye is hand motion, and in his left eye, 

20/25. Following an examination in 

2021, his optometrist stated, ‘‘It is my 

medical opinion that the patient has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

motor vehicle.’’ Mr. Smith reported that 

he has driven tractor-trailer 

combinations for 40 years, accumulating 

2.4 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: speeding. 

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. 2022–02204 Filed 2–2–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0026] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 32 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before March 7, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2021–0026 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2021–0026, in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 


khammond on DSKJM1Z7X2PROD with NOTICES