42008 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 

highway operating conditions (gaps in 

driving record): 

Mario A. Martinez Borroto (TX); James 

E. Marsh (UT); Donald L. Elsberry (IA) 

The following applicant, Charles D. 

Parks (OH), did not demonstrate the 

level of safety required for interstate 

driving (excessive moving/non-moving 

violations during 3-year period). 

The following two applicants were 

denied for multiple reasons: 

Jason Beer (NE); Armando Palomino 

Gonzalez (OK) 

The following applicant, Dave Counts 

(IN), has not had stable vision for the 

preceding 3-year period. 

The following applicant, Jatinder K. 

Mahi (CA), does not meet the vision 

standard in his better eye. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–16541 Filed 8–3–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0007] 

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 13 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 July 10, 2021. The exemptions expire 

on July 10, 2023. 

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–2021–0007, 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 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 June 9, 2021, FMCSA published a 

notice announcing receipt of 

applications from 13 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (86 FR 30672). The public 

comment period ended on July 9, 2021, 

and no comments were 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 no comments in this 

proceeding. 

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 June 9, 2021, 

Federal Register notice (86 FR 30672) 

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 13 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, cataracts, 

corneal scarring, macular scarring, 

prosthesis, retinal deformity, retinal 

detachment, and retinal scarring. In 

most cases, their eye conditions did not 

develop recently. Nine of the applicants 

were either born with their vision 

impairments or have had them since 

childhood. The four individuals that 

developed their vision conditions as 

adults have had them for a range of 4 

to 30 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 


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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 42009 

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 5 to 80 years. In 

the past 3 years, no drivers were 

involved in crashes, and 2 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 13 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Gerald C. Adler (NH) 

Paul R. Beckett (MN) 

Robert W. Boyett (GA) 

Timothy W. Ford (SC) 

Aaron L. Fox (OH) 

James H. George (PA) 

Johnny M. Kruprzak (OH) 

Jackie L. Lawson (VA) 

Alec J Lindgren (NY) 

James M. McCleary (OH) 

Richard A. Parker II (KS) 

Robert B. Sundvor (ND) 

William R. Tessman (TX) 

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. 2021–16542 Filed 8–3–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

1999–5578; FMCSA–2000–7363; FMCSA– 

2001–9258; FMCSA–2001–9561; FMCSA– 

2002–11714; FMCSA–2002–13411; FMCSA– 

2003–14223; FMCSA–2003–14504; FMCSA– 

2003–15268; FMCSA–2005–20560; FMCSA– 

2005–21254; FMCSA–2006–25246; FMCSA– 

2006–26066; FMCSA–2006–26653; FMCSA– 

2007–2663; FMCSA–2007–27333; FMCSA– 

2007–27515; FMCSA–2007–27897; FMCSA– 

2008–0021; FMCSA–2008–0106; FMCSA– 

2008–0340; FMCSA–2008–0398; FMCSA– 

2009–0054; FMCSA–2009–0086; FMCSA– 

2009–0121; FMCSA–2009–0154; FMCSA– 

2009–0291; FMCSA–2010–0082; FMCSA– 

2010–0187; FMCSA–2010–0354; FMCSA– 

2010–0385; FMCSA–2010–0413; FMCSA– 

2011–0010; FMCSA–2011–0024; FMCSA– 

2011–0092; FMCSA–2011–0102; FMCSA– 

2011–0140; FMCSA–2012–0040; FMCSA– 

2012–0215; FMCSA–2012–0279; FMCSA– 

2012–0337; FMCSA–2013–0022; FMCSA– 

2013–0024; FMCSA–2013–0025; FMCSA– 

2013–0027; FMCSA–2013–0028; FMCSA– 

2013–0029; FMCSA–2013–0030; FMCSA– 

2014–0007; FMCSA–2014–0011; FMCSA– 

2014–0296; FMCSA–2014–0298; FMCSA– 

2014–0302; FMCSA–2014–0304; FMCSA– 

2014–0305; FMCSA–2015–0048; FMCSA– 

2015–0049; FMCSA–2015–0052; FMCSA– 

2015–0053; FMCSA–2015–0055; FMCSA– 

2015–0072; FMCSA–2016–0030; FMCSA– 

2016–0033; FMCSA–2016–0206; FMCSA– 

2016–0208; FMCSA–2016–0212; FMCSA– 

2016–0213; FMCSA–2016–0214; FMCSA– 

2017–0014; FMCSA–2017–0017; FMCSA– 

2017–0019; FMCSA–2017–0020; FMCSA– 

2018–0017; FMCSA–2019–0005; FMCSA– 

2019–0009; FMCSA–2019–0011] 

Qualification of Drivers; Exemption 

Applications; Vision 

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 123 

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 requirements 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 stated in 

the discussions below. Comments must 

be received on or before September 3, 

2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 


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