19730 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 

Authority: 23 U.S.C. 139(l)(1). 

Daniel Thomas Hinton, 

Acting Division Administrator, Atlanta, 

Georgia. 

[FR Doc. 2022–07009 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0018] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 24 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 March 19, 2022. The exemptions 

expire on March 19, 2024. 

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 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 Comments 

To view comments go to 

www.regulations.gov, insert the docket 

number, FMCSA–2022–0018, 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. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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.dot.gov/privacy. 

II. Background 

On February 16, 2022, FMCSA 

published a notice announcing receipt 

of applications from 24 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (87 FR 8912). The public 

comment period ended on March 18, 

2022, 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. The Minnesota Department 

of Public Safety submitted a comment in 

support of the decision to issue an 

exemption to Larry Magrath. 

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 February 16, 

2022, Federal Register notice (87 FR 

8912) 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 24 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, complete 

loss of vision, corneal scar, enucleation, 

glaucoma, histoplasmosis, inoperable 

mature cataract, macular neovascular 

scar, macular retinal scar, proliferative 

retinopathy, retinal artery occlusion, 

retinal detachment, retinal scar, 

ruptured globe, strabismus, and 

vitreoretinal adhesion. In most cases, 

their eye conditions did not develop 

recently. Fourteen of the applicants 

were either born with their vision 

impairments or have had them since 

childhood. The 10 individuals that 

developed their vision conditions as 

adults have had them for a range of 4 

to 16 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 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 19731 

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 3 to 74 years. In 

the past 3 years, one driver was 

involved in a crash, and two 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 

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 24 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Robert A. Buckley (IN) 

Steven L. Crews (TX) 

Arthur B. Edge (GA) 

Jorge Estol (FL) 

William L. Fuqua (KY) 

Terry G. Grice (IN) 

Gerardo Hernandez (TX) 

Joshua J. Hilliard (OH) 

Orlando M. Hinton (NC) 

Joshua M. Howe (IN) 

Janessen B. Jenkins (GA) 

Justin L. Knoll (MI) 

Robert M. Lammon (OH) 

Richard D. Lang (SD) 

Larry P. Magrath (MN) 

David L. Mairose (IA) 

Darrell L. Marlett (IN) 

Michael T. McGinty (PA) 

Stephen D. Miles (OR) 

Joshua D. Mylan (WA) 

Albert M. Randle (TX) 

Mitchell L. Reineke (NE) 

Ritchy R. Richards (NM) 

Antwine Simmons (GA) 

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. 2022–07108 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; FMCSA– 

2013–0124; FMCSA–2013–0125; FMCSA– 

2017–0057; FMCSA–2017–0058; FMCSA– 

2020–0024] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 10 

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: The exemptions are applicable 

on May 15, 2022. The exemptions 

expire on May 15, 2024. Comments 

must be received on or before May 5, 

2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2012–0332, Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2013–0125, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, or Docket No. 

FMCSA–2020–0024 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2012–0332, FMCSA– 

2013–0124, FMCSA–2013–0125, 

FMCSA–2017–0057, FMCSA–2017– 

0058, or FMCSA–2020–0024 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 

20590–0001, 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 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. 


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