Qualification of Drivers; Exemption Applications; Vision

Qualification of Drivers; Exemption Applications; Vision

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Larry W. Minor
Date: 3 February 2022
Subjects: American Government

, Driver Licensing

[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6229-6231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02204]

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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.

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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 (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-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=FMCSA-2022-0012. 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 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-2022-0012, 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 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

[[Page 6230]]

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 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

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,

[[Page 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