Qualification of Drivers; Exemption Applications; Vision, 69382-69384 [2020-24186]
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69382
Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices
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.
jbell on DSKJLSW7X2PROD with NOTICES
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 2year 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 September 2,
2020, Federal Register notice (85 FR
54621) 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 five 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,
chorioretinal scarring, glaucoma, and
macular scarring. In most cases, their
eye conditions did not develop recently.
Three of the applicants were either born
with their vision impairments or have
had them since childhood. The two
individuals that developed their vision
conditions as adults have had them for
a range of 5 to 14 years. Although each
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20:55 Oct 30, 2020
Jkt 253001
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
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 20 years. In
the past 3 years, no drivers were
involved in crashes, and no 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
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Frm 00071
Fmt 4703
Sfmt 4703
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 five
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, § 391.41(b)(10),
subject to the requirements cited above:
Tanner L. Batey (MT)
Martin G. Burley, Jr. (ID)
Fernando Casillas Lucio (CA)
Franz E. Fehr (TX)
Jonathan D. Steen (MN)
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. 2020–24187 Filed 10–30–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0012]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices
Notice of applications for
exemption; request for comments.
ACTION:
FMCSA announces receipt of
applications from five 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 December 2, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2020–0012 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2020-0012. 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:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2020–0012),
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
VerDate Sep<11>2014
20:55 Oct 30, 2020
Jkt 253001
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
https://www.regulations.gov/
docket?D=FMCSA-2020-0012. 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 81⁄2 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
https://www.regulations.gov/
docket?D=FMCSA-2020-0012 and
choose the document to review. If you
do not have access to the internet, you
may view the docket online by visiting
the Dockets Operations in Room W12–
140 on the ground floor of the DOT
West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, 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
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
69383
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 2year period to align with the maximum
duration of a driver’s medical
certification.
The five 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
§ 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° 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
§ 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
§ 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
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices
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.
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.
jbell on DSKJLSW7X2PROD with NOTICES
III. Qualifications of Applicants
Wesley D. Enkers
Mr. Enkers, 58, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/80. Following an
examination in 2020, his optometrist
stated, ‘‘In my medical opinion, he has
1A
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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20:55 Oct 30, 2020
Jkt 253001
sufficient vision to perform the driving
tasks operate a commercial vehicle.’’
Mr. Enkers reported that he has driven
straight trucks for 36 years,
accumulating 162,000 miles. He holds
an operator’s license from Minnesota.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Michael J. Jewell
Mr. Jewell, 35, 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 optometrist
stated, ‘‘It is my medical opinion that
Michael has sufficient vision to perform
the driving tasks necessary to operate a
commercial vehicle while he is wearing
glasses or contact lenses.’’ Mr. Jewell
reported that he has driven straight
trucks for 8 years, accumulating 50,000
miles. He holds an operator’s license
from Colorado. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Anthony G. Offutt
Mr. Offutt, 63, has had optic
neuropathy in his left eye since 2012.
The visual acuity in his right eye is 20/
20, and in his left eye, 20/400.
Following an examination in 2020, his
optometrist stated, ‘‘Although Mr.
Offutt’s visual acuity is reduced due to
NAION, I believe Mr. Offutt has the
ability to operate a commercial vehicle.’’
Mr. Offutt reported that he has driven
tractor-trailer combinations for 25 years,
accumulating 1.1 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.
Joseph Sottile
Mr. Sottile, 57, has chorioretinal
scarring in his right eye due to trauma
in childhood. The visual acuity in his
right eye is hand motion, and in his left
eye, 20/20. Following an examination in
2020, his ophthalmologist stated, ‘‘It is
my opinion patient has good vision and
is capable of operating a commercial
vehicle.’’ Mr. Sottile reported that he
has driven straight trucks for 30 years,
accumulating 405,600 miles. He holds
an operator’s license from Illinois. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Michael Westervelt
Mr. Westervelt, 70, has a prosthetic
right eye due to a traumatic incident in
2009. The visual acuity in his right eye
is no light perception, and in his left
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Frm 00073
Fmt 4703
Sfmt 4703
eye, 20/15. Following an examination in
2020, his optometrist stated, ‘‘It is my
medical option that Mike Westervelt has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Westervelt reported that
he has driven tractor-trailer
combinations for 50 years, accumulating
6,300,000 miles. He holds a Class A CDL
from Montana. His driving record for
the last 3 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. 2020–24186 Filed 10–30–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0123; FMCSA–
2015–0326; FMCSA–2015–0328; FMCSA–
2015–0329; FMCSA–2017–0057; FMCSA–
2017–0059; FMCSA–2017–0060; FMCSA–
2017–0061]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 18
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 were applicable
on August 22, 2020. The exemptions
expire on August 22, 2022.
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 from 8:30 a.m. to 5 p.m., ET,
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69382-69384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24186]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0012]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 69383]]
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from five 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 December 2, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0012 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2020-0012. 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, [email protected], 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:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0012), 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 https://www.regulations.gov/docket?D=FMCSA-2020-0012. 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 https://www.regulations.gov/docket?D=FMCSA-2020-0012 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Dockets Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
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 five 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 (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 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
[[Page 69384]]
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.
III. Qualifications of Applicants
Wesley D. Enkers
Mr. Enkers, 58, 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/
80. Following an examination in 2020, his optometrist stated, ``In my
medical opinion, he has sufficient vision to perform the driving tasks
operate a commercial vehicle.'' Mr. Enkers reported that he has driven
straight trucks for 36 years, accumulating 162,000 miles. He holds an
operator's license from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Michael J. Jewell
Mr. Jewell, 35, 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 optometrist stated, ``It is
my medical opinion that Michael has sufficient vision to perform the
driving tasks necessary to operate a commercial vehicle while he is
wearing glasses or contact lenses.'' Mr. Jewell reported that he has
driven straight trucks for 8 years, accumulating 50,000 miles. He holds
an operator's license from Colorado. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Anthony G. Offutt
Mr. Offutt, 63, has had optic neuropathy in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
20/400. Following an examination in 2020, his optometrist stated,
``Although Mr. Offutt's visual acuity is reduced due to NAION, I
believe Mr. Offutt has the ability to operate a commercial vehicle.''
Mr. Offutt reported that he has driven tractor-trailer combinations for
25 years, accumulating 1.1 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.
Joseph Sottile
Mr. Sottile, 57, has chorioretinal scarring in his right eye due to
trauma in childhood. The visual acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an examination in 2020, his
ophthalmologist stated, ``It is my opinion patient has good vision and
is capable of operating a commercial vehicle.'' Mr. Sottile reported
that he has driven straight trucks for 30 years, accumulating 405,600
miles. He holds an operator's license from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Michael Westervelt
Mr. Westervelt, 70, has a prosthetic 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, 20/15. Following an examination in
2020, his optometrist stated, ``It is my medical option that Mike
Westervelt has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Westervelt reported that he has
driven tractor-trailer combinations for 50 years, accumulating
6,300,000 miles. He holds a Class A CDL from Montana. His driving
record for the last 3 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. 2020-24186 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-EX-P