Qualification of Drivers; Exemption Applications; Vision, 695-697 [2020-29246]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
The drivers were included in docket
numbers FMCSA–1998–3637; FMCSA–
2000–7006; FMCSA–2000–8203;
FMCSA–2004–17195; FMCSA–2004–
17984; FMCSA–2004–18885; FMCSA–
2008–0106; FMCSA–2008–0174;
FMCSA–2010–0082; FMCSA–2010–
0187; FMCSA–2011–0299; FMCSA–
2012–0214; FMCSA–2012–0215;
FMCSA–2012–0216; FMCSA–2013–
0165; FMCSA–2013–0168; FMCSA–
2014–0003; FMCSA–2014–0004;
FMCSA–2014–0005; FMCSA–2014–
0006; FMCSA–2014–0007; FMCSA–
2014–0010; FMCSA–2014–0296;
FMCSA–2015–0056; FMCSA–2016–
0028; FMCSA–2016–0029; FMCSA–
2016–0030; FMCSA–2016–0206;
FMCSA–2016–0208; FMCSA–2018–
0011; FMCSA–2018–0012; FMCSA–
2018–0013; FMCSA–2018–0014;
FMCSA–2018–0015; FMCSA–2018–
0017. Their exemptions were applicable
as of December 3, 2020, and will expire
on December 3, 2022.
As of December 10, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (83 FR 56140; 84
FR 2309):
Alejandro R. Almaguer (FL)
Abdallah A. Alserhan (IL)
Denis Cuzimencov (NC)
Steven M. Huddleston (NM)
The drivers were included in docket
number FMCSA–2018–0207. Their
exemptions were applicable as of
December 10, 2020, and will expire on
December 10, 2022.
As of December 20, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 64839; 77
FR 75494; 79 FR 73393; 81 FR 96180;
84 FR 2326):
Noah E. Bowen (OH); and Emin Toric
(GA)
The drivers were included in docket
number FMCSA–2012–0280. Their
exemptions were applicable as of
December 20, 2020, and will expire on
December 20, 2022.
As of December 25, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 69985; 80
FR 8927; 81 FR 96180; 84 FR 2326):
Thurman T. Clayton (LA); and Tig G.
Cornell (ID)
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
The drivers were included in docket
number FMCSA–2014–0298. Their
exemptions were applicable as of
December 25, 2020, and will expire on
December 25, 2022.
As of December 30, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (81 FR 86063; 82
FR 12683; 84 FR 2326):
Michal Golebiowski (IL)
The driver was included in docket
number FMCSA–2016–0212. The
exemption was applicable as of
December 30, 2020, and will expire on
December 30, 2022.
In accordance with 49 U.S.C.
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. 2020–29250 Filed 1–5–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0015]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from seven 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 February 5, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
SUMMARY:
PO 00000
Frm 00196
Fmt 4703
Sfmt 4703
695
Management System (FDMS) Docket No.
FMCSA–2020–0015 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2020-0015. 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:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2020–0015),
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-2020-0015. 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.
E:\FR\FM\06JAN1.SGM
06JAN1
696
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
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-2020-0015 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.
jbell on DSKJLSW7X2PROD with NOTICES
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 2year period to align with the maximum
duration of a driver’s medical
certification.
The seven 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.
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
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, 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
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
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.
PO 00000
Frm 00197
Fmt 4703
Sfmt 4703
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.
III. Qualifications of Applicants
Johnny J. Brown
Mr. Brown, 59, has corneal scarring in
his right eye due to a traumatic incident
in 1971. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2020, his optometrist stated, ‘‘He has no
light perception in the right eye due to
an injury he had in 1971, but his
condition is stable. In my medical
opinion Mr. Brown meets all the
requirements to operate a commercial
vehicle at this time.’’ Mr. Brown
reported that he has driven buses for 25
years, accumulating 125,000 miles. He
holds a Class B CDL from Mississippi.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Gordon L. Hendricks
Mr. Hendricks, 60, 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
E:\FR\FM\06JAN1.SGM
06JAN1
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
examination in 2020, his optometrist
stated, ‘‘Mr. Hendricks has a condition
called Refractive Amblyopia; which is
the inability of one eye to see as well as
the other. In my opinion, there is not
any condition that would prevent Mr.
Hendricks from operating a commercial
vehicle safely.’’ Mr. Hendricks reported
that he has driven straight trucks for 8
years, accumulating 960,000 miles, and
tractor-trailer combinations for 2 years,
accumulating 150,000 miles. He holds a
Class A CDL from Texas. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Justin T. Hoben
Mr. Hoben, 24, has ectopia lentis in
his left eye due to Marfan’s Syndrome
since childhood. The visual acuity in
his right eye is 20/40, and in his left eye,
20/60. Following an examination in
2020, his optometrist stated, ‘‘In my
medical opinion, Justin T [sic] Hoben
has sufficient vision to operate a
commercial vehicle.’’ Mr. Hoben
reported that he has driven straight
trucks for 5 years, accumulating 10,000
miles, and tractor-trailer combinations
for 5 years, accumulating 10,000 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.
jbell on DSKJLSW7X2PROD with NOTICES
Burl V. Ingebretsen
Mr. Ingebretsen, 74, has had a retinal
detachment in his right eye since 2016.
The visual acuity in his right eye is 20/
200, and in his left eye, 20/20.
Following an examination in 2020, his
optometrist stated, ‘‘In my opinion, Burl
has sufficient vision to perform driving
tasks required for a commercial
license.’’ Mr. Ingebretsen reported that
he has driven straight trucks for 54
years, accumulating 1.78 million miles,
and tractor-trailer combinations for 34
years, accumulating 3.4 million 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.
Weldon D. Rudder
Mr. Rudder, 37, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/80, and in
his left eye, 20/20. Following an
examination in 2020, his
ophthalmologist stated, ‘‘I certify in my
medical opinion that Weldon Rudder
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Rudder
reported that he has driven straight
trucks for 3 years, accumulating 60,000
VerDate Sep<11>2014
19:08 Jan 05, 2021
Jkt 253001
miles and tractor-trailer combinations
for 3 years, accumulating 60,000 miles.
He holds a Class A CDL from Oklahoma.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Patrick W. Sargent
Mr. Sargent, 54, had a retinal
detachment in his right eye due to a
traumatic incident in 2017. The visual
acuity in his right eye is 20/50, and in
his left eye, 20/20. Following an
examination in 2020, his
ophthalmologist stated, ‘‘Given the near
perfect vision in his left eye, which was
measured at 20/25 on his last exam with
no retinal or optic nerve pathology, I
believe there is sufficient evidence that
he can perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Sargent reported that he
has driven straight trucks for 35 years,
accumulating 56,000 miles, tractortrailer combinations for 30 years,
accumulating 165,000 miles, and buses
for 27 years, accumulating 199,800
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.
John F. Skrobarczyk
Mr. Skrobarczyk, 61, has had optic
nerve hypoplasia 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 2020, his
ophthalmologist stated, ‘‘In my opinion
Mr. Skobarczyk has sufficient vision to
operate a commercial vehicle.’’ Mr.
Skrobarczyk reported that he has driven
tractor-trailer combinations for 3 years,
accumulating 105,000 miles. He holds a
Class A CDL from Texas. 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. 2020–29246 Filed 1–5–21; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00198
Fmt 4703
Sfmt 4703
697
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7006;
FMCSA–2000–7165; FMCSA–2001–11426;
FMCSA–2002–12294; FMCSA–2004–18885;
FMCSA–2004–19477; FMCSA–2005–21711;
FMCSA–2006–24783; FMCSA–2006–26066;
FMCSA–2007–0071; FMCSA–2008–0021;
FMCSA–2008–0106; FMCSA–2008–0174;
FMCSA–2008–0266; FMCSA–2008–0292;
FMCSA–2008–0340; FMCSA–2010–0161;
FMCSA–2010–0187; FMCSA–2010–0201;
FMCSA–2010–0287; FMCSA–2010–0354;
FMCSA–2010–0385; FMCSA–2012–0039;
FMCSA–2012–0161; FMCSA–2012–0215;
FMCSA–2012–0216; FMCSA–2012–0279;
FMCSA–2013–0168; FMCSA–2013–0170;
FMCSA–2014–0002; FMCSA–2014–0006;
FMCSA–2014–0007; FMCSA–2014–0010;
FMCSA–2014–0011; FMCSA–2014–0296;
FMCSA–2014–0299; FMCSA–2014–0300;
FMCSA–2016–0028; FMCSA–2016–0030;
FMCSA–2016–0207; FMCSA–2016–0208;
FMCSA–2016–0209; FMCSA–2016–0210;
FMCSA–2018–0010; FMCSA–2018–0207]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 66
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 are 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 February 5, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2000–7006, Docket No.
FMCSA–2000–7165, Docket No.
FMCSA–2001–11426, Docket No.
FMCSA–2002–12294, Docket No.
FMCSA–2004–18885, Docket No.
FMCSA–2004–19477, Docket No.
FMCSA–2005–21711, Docket No.
FMCSA–2006–24783, Docket No.
FMCSA–2006–26066, Docket No.
FMCSA–2007–0071, Docket No.
FMCSA–2008–0021, Docket No.
FMCSA–2008–0106, Docket No.
FMCSA–2008–0174, Docket No.
FMCSA–2008–0266, Docket No.
FMCSA–2008–0292, Docket No.
FMCSA–2008–0340, Docket No.
SUMMARY:
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 695-697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29246]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0015]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from seven 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 February 5, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0015 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2020-0015. 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-2020-0015), 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-2020-0015. 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.
[[Page 696]]
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-2020-0015 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 seven 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
Johnny J. Brown
Mr. Brown, 59, has corneal scarring in his right eye due to a
traumatic incident in 1971. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2020, his optometrist stated, ``He has no light perception in the
right eye due to an injury he had in 1971, but his condition is stable.
In my medical opinion Mr. Brown meets all the requirements to operate a
commercial vehicle at this time.'' Mr. Brown reported that he has
driven buses for 25 years, accumulating 125,000 miles. He holds a Class
B CDL from Mississippi. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Gordon L. Hendricks
Mr. Hendricks, 60, 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
[[Page 697]]
examination in 2020, his optometrist stated, ``Mr. Hendricks has a
condition called Refractive Amblyopia; which is the inability of one
eye to see as well as the other. In my opinion, there is not any
condition that would prevent Mr. Hendricks from operating a commercial
vehicle safely.'' Mr. Hendricks reported that he has driven straight
trucks for 8 years, accumulating 960,000 miles, and tractor-trailer
combinations for 2 years, accumulating 150,000 miles. He holds a Class
A CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Justin T. Hoben
Mr. Hoben, 24, has ectopia lentis in his left eye due to Marfan's
Syndrome since childhood. The visual acuity in his right eye is 20/40,
and in his left eye, 20/60. Following an examination in 2020, his
optometrist stated, ``In my medical opinion, Justin T [sic] Hoben has
sufficient vision to operate a commercial vehicle.'' Mr. Hoben reported
that he has driven straight trucks for 5 years, accumulating 10,000
miles, and tractor-trailer combinations for 5 years, accumulating
10,000 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.
Burl V. Ingebretsen
Mr. Ingebretsen, 74, has had a retinal detachment in his right eye
since 2016. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2020, his optometrist
stated, ``In my opinion, Burl has sufficient vision to perform driving
tasks required for a commercial license.'' Mr. Ingebretsen reported
that he has driven straight trucks for 54 years, accumulating 1.78
million miles, and tractor-trailer combinations for 34 years,
accumulating 3.4 million 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.
Weldon D. Rudder
Mr. Rudder, 37, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2020, his ophthalmologist stated, ``I
certify in my medical opinion that Weldon Rudder has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Rudder reported that he has driven straight trucks for 3
years, accumulating 60,000 miles and tractor-trailer combinations for 3
years, accumulating 60,000 miles. He holds a Class A CDL from Oklahoma.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Patrick W. Sargent
Mr. Sargent, 54, had a retinal detachment in his right eye due to a
traumatic incident in 2017. The visual acuity in his right eye is 20/
50, and in his left eye, 20/20. Following an examination in 2020, his
ophthalmologist stated, ``Given the near perfect vision in his left
eye, which was measured at 20/25 on his last exam with no retinal or
optic nerve pathology, I believe there is sufficient evidence that he
can perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sargent reported that he has driven straight trucks for
35 years, accumulating 56,000 miles, tractor-trailer combinations for
30 years, accumulating 165,000 miles, and buses for 27 years,
accumulating 199,800 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.
John F. Skrobarczyk
Mr. Skrobarczyk, 61, has had optic nerve hypoplasia 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 2020, his ophthalmologist
stated, ``In my opinion Mr. Skobarczyk has sufficient vision to operate
a commercial vehicle.'' Mr. Skrobarczyk reported that he has driven
tractor-trailer combinations for 3 years, accumulating 105,000 miles.
He holds a Class A CDL from Texas. 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. 2020-29246 Filed 1-5-21; 8:45 am]
BILLING CODE 4910-EX-P
