Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
8 September 2021
[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50424-50426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19471]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0011]
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 six 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 October 8, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0011 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0011, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
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-2021-0011), 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=FMCSA-2021-0011. 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 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 Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0011, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' 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 regulatory 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 six 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
[[Page 50425]]
enactment of amendments to the statutes governing exemptions made by
Sec. 4007 of the Transportation Equity Act for the 21st Century (TEA-
21), 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 three 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.
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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.
III. Qualifications of Applicants
Jason R. Flodin
Mr. Flodin, 47, has amblyopia 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, 20/400. Following an examination in 2021, his
optometrist stated, ``In my medical opinion, Jason is [sic] has
sufficient vision to perform driving tasks required to operate a
commercial vehice.'' Mr. Flodin reported that he has driven straight
trucks for 30 years, accumulating 210,000 miles, and tractor-trailer
combinations for 14 years, accumulating 14,000 miles. He holds a Class
A CDL from Washington. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Justin W. Green
Mr. Green, 38, has had a retinal detachment in his left eye due to
a traumatic incident in 2009. The visual acuity in his right eye is 20/
15, and in his left eye, light perception. Following an examination in
2021, his optometrist stated, ``It is my professional opinion that Mr.
Green meets the visual requirements to operate a commercial motor
vehicle.'' Mr. Green reported that he has driven straight trucks for 18
years, accumulating 216,000 miles, and tractor-trailer combinations for
4 years, accumulating 400,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Joshua L. Kupsch
Mr. Kupsch, 31, has a retinal hermorrhage in his right eye due to a
traumatic incident in 2017. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/15. Following an examination
in 2021, his ophthalmologist stated, ``It is my opinion that his
current level of vision, being very stable, should be sufficient for
commercial driving.'' Mr. Kupsch reported that he has driven straight
trucks for 6 years, accumulating 162,000 miles. He holds a Class ABCDM
CDL from Wisconsin. His driving record for the last 3 years shows one
crash in a CMV, for which he was cited, and no convictions for moving
violations in a CMV.
Josue M. Rodriguez-Espinoza
Mr. Rodriguez-Espinoza, 30, has had refractive amblyopia in his
right eye since birth. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2021,
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no
problem performing the tasks required to appropriately operate a
commercial vehicle despite the poor vision in his right eye.'' Mr.
Rodriguez-Espinoza reported that he has driven straight trucks for 8
years, accumulating 80,000 miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Dana R. Williams
Mr. Williams, 30, has complete loss of vision in his right eye due
to a traumatic incident in 2009. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2021, his ophthalmologist stated, ``In my medical
opinion Dana Williams have [sic] sufficient vision to operate a
commercial vehicle safely.'' Mr. Williams reported that he has driven
straight trucks for 5 years, accumulating 125,000 miles. He holds a
Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Larry L. Yow
Mr. Yow, 65, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/60, and in his left eye, 20/20.
Following an examination in 2021, his ophthalmologist stated, ``In my
professional opinion, the patient has sufficient correctable vision to
[sic] ability to perform driving tasks required to operate a commercial
motor vehicle.'' Mr. Yow reported that he has driven tractor-trailer
combinations for 12 years, accumulating 1.08 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no
[[Page 50426]]
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. 2021-19471 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-EX-P