Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
23 February 2021
[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:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D= FMCSA-2021-0003. 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 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]
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