Qualification of Drivers; Exemption Applications; Vision, 11046-11049 [2021-03700]
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11046
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
with a history of a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for a 5year period or more.
As a result of MEs misinterpreting
advisory criteria as regulation,
numerous drivers have been prohibited
from operating a CMV in interstate
commerce based on the fact that they
have had one or more seizures and are
taking anti-seizure medication, rather
than an individual analysis of their
circumstances by a qualified ME based
on the physical qualification standards
and medical best practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,’’ (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
CMV drivers have ‘‘no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’
Since that time, the Agency has
published additional notices granting
requests from individuals for
exemptions from the regulatory
requirement regarding epilepsy found in
§ 391.41(b)(8).
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in § 391.41(b)(8), applicants
must meet the criteria in the 2007
recommendations of the Agency’s
Medical Expert Panel (78 FR 3069).
III. Qualifications of Applicants
Sayed K. Abbed
Mr. Abbed is a 40-year old class C
license holder in Illinois. He has a
history of focal seizure, and has been
seizure free since 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2012. His physician states that he is
supportive of Mr. Abbed receiving an
exemption.
Devante Carter
Mr. Carter is a 23-year old class D
license holder in Illinois. He has a
history of epilepsy, and has been seizure
free since 2009. He has not taken antiseizure medication since 2012. His
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physician states that she is supportive of
Mr. Carter receiving an exemption.
David R. Frantz
Mr. Frantz is a 56-year old class CM
license holder in Pennsylvania. He has
a history of epilepsy and has been
seizure free since 2011. He has not taken
anti-seizure medication since 2012. His
physician states that he is supportive of
Mr. Frantz receiving an exemption.
Brian P. Klein
Mr. Klein is a 46-year old Operator
License holder in Indiana. He has a
history of seizures, and has been seizure
free since 2008. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2008. His physician states that he is
supportive of Mr. Klein receiving an
exemption.
Thomas A. Marx
Mr. Marx is a 44-year old Driver
License holder in Washington. He has a
history of epilepsy, and has been seizure
free since 1995. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1995. His physician states that he is
supportive of Mr. Marx receiving an
exemption.
Jeffrey Smith, Jr.
Mr. Smith, Jr. is a 42-year old Driver
License holder in Florida. He has a
history of epilepsy, and has been seizure
free since 2012. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2016. His physician states that he is
supportive of Mr. Smith, Jr. receiving an
exemption.
Eric R. Smits
Mr. Smits is a 52-year old Driver
License holder in Wisconsin. He has a
history of seizures, and has been seizure
free since September 2012. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
September 2012. His physician states
that he is supportive of Mr. Smits
receiving an exemption.
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 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. 2021–03697 Filed 2–22–21; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0003]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 11 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before March 25, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0003 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket?D=
FMCSA-2021-0003. Follow the online
instructions for submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0003),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov/docket?D=
FMCSA-2021-0003. Click on the
‘‘Comment Now!’’ button and type your
comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 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-2021-0003 and
choose the document to review. If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
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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 2year period to align with the maximum
duration of a driver’s medical
certification.
The 11 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in
§ 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
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11047
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.
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.
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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III. Qualifications of Applicants
Antonio R. Barros
Mr. Barros, 53, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20 and in
his left eye, 20/200. Following an
examination in 2020, his
ophthalmologist stated, ‘‘In my medical
opinion, Mr. Barros has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Barros reported that he has driven
straight trucks for 12 years,
accumulating 120,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 96,000 miles. He holds a
Class A CDL from NY. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
Robert D. Boudreau
Mr. Boudreau, 54, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20
and in his left eye, 20/350. Following an
examination in 2020, his
ophthalmologist stated, ‘‘In my medical
opinion, Mr. Boudreau has sufficient
vision to perform the driving tasks to
operate a commercial vehicle.’’ Mr.
Boudreau reported that he has driven
tractor-trailer combinations for 22 years,
accumulating 2.2 million miles. He
holds an operator’s license from
Arizona. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Doris J. Goldsmith
Ms. Goldsmith, 48, has complete loss
of vision in her left eye due to a
traumatic incident in childhood. The
visual acuity in her right eye is 20/20,
and in her left eye, hand motion only.
Following an examination in 2020, her
optometrist stated, ‘‘Her left eye is
entirely stable. In my opinion Doris is
completely capable of operating a
commercial vehicle with no restriction.’’
Ms. Goldsmith reported that she has
driven straight trucks for 2 years,
accumulating 31,200 miles, and tractortrailer combinations for 20 years,
accumulating 2.2 million miles. She
holds a Class DA CDL from Kentucky.
Her driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Todd C. Kraese
Mr. Kraese, 51, has had a retinal
detachment in his left eye since birth.
The visual acuity in his right eye is 20/
20, and in his left eye, light perception.
Following an examination in 2020, his
optometrist stated, ‘‘In my opinion, the
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patient has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Kraese
reported that he has driven tractortrailer combinations for 6 years,
accumulating 36,000 miles. He holds an
operator’s license from Indiana. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Kathy A. Mason
Ms. Mason, 55, has a prosthetic right
eye due to melanoma in 2012. The
visual acuity in her right eye is no light
perception, and in her left eye, 20/20.
Following an examination in 2020, her
optometrist stated, ‘‘Her prosthetic in
the left eye will not hinder her driving
in any way. She is capable of operating
a commercial vehicle or any vehicle
thererof.’’ Ms. Mason reported that she
has driven straight trucks for 20 years,
accumulating 200,000 miles, tractortrailer combinations for 17 years,
accumulating 85,000 miles, and buses
for 13 years, accumulating 1.56 million
miles. She holds a Class A CDL from
Texas. Her driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Luke A. Perry
Mr. Perry, 58, has a corneal scar in his
left eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/300.
Following an examination in 2020, his
ophthalmologist stated, ‘‘It is my
opinion that Mr. Perry has sufficient
vision to operate a commercial vehicle.’’
Mr. Perry reported that he has driven
straight trucks for 6 years, accumulating
60,000 miles, and tractor-trailer
combinations for 3 years, accumulating
330,000 miles. He holds a Class A CDL
from Vermont. His driving record for the
last three years shows no crashes and no
convictions for moving violations in a
CMV.
Percy C. Robinson
Mr. Robinson, 48, has a retinal
detachment in his left eye due to
spontaneous degeneration in 2008. The
visual acuity in his right eye is 20/20,
and in his left eye, light perception.
Following an examination in 2020, his
optometrist stated, ‘‘In my opinion, Mr.
Robinson has vision sufficient to
perform the driving tasks to operate a
commercial vehicle.’’ Mr. Robinson
reported that he has driven straight
trucks for 25 years, accumulating
120,000 miles, and tractor-trailer
combinations for 25 years, accumulating
25,000 miles. He holds a Class AM CDL
from Alabama. His driving record for
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the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Harvinder S. Sahota
Mr. Sahota, 38, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/400,
and in his left eye, 20/20. Following an
examination in 2020, his
ophthalmologist stated, ‘‘In my medical
opinion Harvinder has sufficient vision,
color vision and visual fields to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Sahota
reported that he has driven tractortrailer combinations for 3 years,
accumulating 360,000 miles. He holds a
Class A CDL from California. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Michael J. Wells
Mr. Wells, 64, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is hand
motion only, and in his left eye, 20/25.
Following an examination in 2020 his
optometrist stated, ‘‘Mr. Wells has been
able to safely operate a commercial
vehicle for years and should be able to
continue doing so, without his vision
impacting that ability.’’ Mr. Wells
reported that he has driven straight
trucks for 25 years, accumulating 1.25
million miles, and tractor-trailer
combinations for 25 years, accumulating
5 million miles. He holds a Class A CDL
from North Carolina. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Dennis C. Welpe
Mr. Welpe, 55, has a retinal
detachment in his in his left eye due to
a traumatic incident in 1983. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2020, his
ophthalmologist stated, ‘‘It is in my
opinion Mr. Welpe has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Welpe reported that he has driven buses
for 37 years, accumulating 74,000 miles.
He holds a Class B CDL from Texas. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
Kevin D. White
Mr. White, 48, has a complete loss of
vision in his left eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is 20/20, and in his left
eye, complete loss of vision. Following
an examination in 2021, his
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ophthalmologist stated, ‘‘In my medical
opinion, I believe Mr. White has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. White reported that he has
driven straight trucks for 4 years,
accumulating 160,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 780,000 miles. He holds a
Class A CDL from Texas. His driving
record for the last three years shows no
crashes and no convictions for moving
violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
indicated under the DATES section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–03700 Filed 2–22–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25854;
FMCSA–2010–0203; FMCSA–2015–0323;
FMCSA–2016–0007; FMCSA–2016–0008;
FMCSA–2018–0051; FMCSA–2018–0052;
FMCSA–2018–0056]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 10
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
SUMMARY:
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and will expire on the dates provided
below.
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,
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. 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. Insert the
docket number, FMCSA–2006–25854,
FMCSA–2010–0203, FMCSA–2015–
0323, FMCSA–2016–0007, FMCSA–
2016–0008, FMCSA–2018–0051,
FMCSA–2018–0052, or FMCSA–2018–
0056, in the keyword box, and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button 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.
B. 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
On January 6, 2021, FMCSA
published a notice announcing its
decision to renew exemptions for 10
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (86 FR 701).
The public comment period ended on
February 5, 2021, and no comments
were received.
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11049
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with
§ 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the 10
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below.
As of January 1, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (86 FR 701):
Scott D. Engelman (PA)
Scott I. Habeck (SD)
Todd W. Hines (OH)
Jordan M. Hyster (OH)
Everett J. Letourneau (ND)
Scott A. Ready, Sr. (WI)
Douglas J. Simms, Jr. (NC)
Ronald E. Wagner (OH)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008,
FMCSA–2018–0051, FMCSA–2018–
0052, and FMCSA–2018–0056. Their
exemptions were applicable as of
January 1, 2021, and will expire on
January 1, 2023.
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11046-11049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03700]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0003]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before March 25, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0003 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D= FMCSA-2021-0003. Follow the online
instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [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:
[[Page 11047]]
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0003), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket?D=FMCSA-2021-0003. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov/docket?D=FMCSA-2021-0003 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The 11 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 107, 401
(June 9, 1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of
Sec. 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past 3 years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively.\1\ The fact that experienced
monocular drivers demonstrated safe driving records in the waiver
program supports a conclusion that other monocular drivers, meeting the
same qualifying conditions as those required by the waiver program, are
also likely to have adapted to their vision deficiency and will
continue to operate safely.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
[[Page 11048]]
III. Qualifications of Applicants
Antonio R. Barros
Mr. Barros, 53, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20 and in his left eye, 20/
200. Following an examination in 2020, his ophthalmologist stated, ``In
my medical opinion, Mr. Barros has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Barros
reported that he has driven straight trucks for 12 years, accumulating
120,000 miles, and tractor-trailer combinations for 12 years,
accumulating 96,000 miles. He holds a Class A CDL from NY. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.
Robert D. Boudreau
Mr. Boudreau, 54, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20 and in his left
eye, 20/350. Following an examination in 2020, his ophthalmologist
stated, ``In my medical opinion, Mr. Boudreau has sufficient vision to
perform the driving tasks to operate a commercial vehicle.'' Mr.
Boudreau reported that he has driven tractor-trailer combinations for
22 years, accumulating 2.2 million miles. He holds an operator's
license from Arizona. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.
Doris J. Goldsmith
Ms. Goldsmith, 48, has complete loss of vision in her left eye due
to a traumatic incident in childhood. The visual acuity in her right
eye is 20/20, and in her left eye, hand motion only. Following an
examination in 2020, her optometrist stated, ``Her left eye is entirely
stable. In my opinion Doris is completely capable of operating a
commercial vehicle with no restriction.'' Ms. Goldsmith reported that
she has driven straight trucks for 2 years, accumulating 31,200 miles,
and tractor-trailer combinations for 20 years, accumulating 2.2 million
miles. She holds a Class DA CDL from Kentucky. Her driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Todd C. Kraese
Mr. Kraese, 51, has had a retinal detachment in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2020, his
optometrist stated, ``In my opinion, the patient has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Kraese reported that he has driven tractor-trailer
combinations for 6 years, accumulating 36,000 miles. He holds an
operator's license from Indiana. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Kathy A. Mason
Ms. Mason, 55, has a prosthetic right eye due to melanoma in 2012.
The visual acuity in her right eye is no light perception, and in her
left eye, 20/20. Following an examination in 2020, her optometrist
stated, ``Her prosthetic in the left eye will not hinder her driving in
any way. She is capable of operating a commercial vehicle or any
vehicle thererof.'' Ms. Mason reported that she has driven straight
trucks for 20 years, accumulating 200,000 miles, tractor-trailer
combinations for 17 years, accumulating 85,000 miles, and buses for 13
years, accumulating 1.56 million miles. She holds a Class A CDL from
Texas. Her driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.
Luke A. Perry
Mr. Perry, 58, has a corneal scar in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/300. Following an examination in 2020,
his ophthalmologist stated, ``It is my opinion that Mr. Perry has
sufficient vision to operate a commercial vehicle.'' Mr. Perry reported
that he has driven straight trucks for 6 years, accumulating 60,000
miles, and tractor-trailer combinations for 3 years, accumulating
330,000 miles. He holds a Class A CDL from Vermont. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Percy C. Robinson
Mr. Robinson, 48, has a retinal detachment in his left eye due to
spontaneous degeneration in 2008. The visual acuity in his right eye is
20/20, and in his left eye, light perception. Following an examination
in 2020, his optometrist stated, ``In my opinion, Mr. Robinson has
vision sufficient to perform the driving tasks to operate a commercial
vehicle.'' Mr. Robinson reported that he has driven straight trucks for
25 years, accumulating 120,000 miles, and tractor-trailer combinations
for 25 years, accumulating 25,000 miles. He holds a Class AM CDL from
Alabama. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.
Harvinder S. Sahota
Mr. Sahota, 38, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2020, his ophthalmologist stated, ``In
my medical opinion Harvinder has sufficient vision, color vision and
visual fields to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Sahota reported that he has driven tractor-
trailer combinations for 3 years, accumulating 360,000 miles. He holds
a Class A CDL from California. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.
Michael J. Wells
Mr. Wells, 64, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is hand motion only, and in his left
eye, 20/25. Following an examination in 2020 his optometrist stated,
``Mr. Wells has been able to safely operate a commercial vehicle for
years and should be able to continue doing so, without his vision
impacting that ability.'' Mr. Wells reported that he has driven
straight trucks for 25 years, accumulating 1.25 million miles, and
tractor-trailer combinations for 25 years, accumulating 5 million
miles. He holds a Class A CDL from North Carolina. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.
Dennis C. Welpe
Mr. Welpe, 55, has a retinal detachment in his in his left eye due
to a traumatic incident in 1983. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2020,
his ophthalmologist stated, ``It is in my opinion Mr. Welpe has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Welpe reported that he has driven buses for
37 years, accumulating 74,000 miles. He holds a Class B CDL from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.
Kevin D. White
Mr. White, 48, has a complete loss of vision in his left eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is 20/20, and in his left eye, complete loss of vision. Following an
examination in 2021, his
[[Page 11049]]
ophthalmologist stated, ``In my medical opinion, I believe Mr. White
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. White reported that he has driven straight
trucks for 4 years, accumulating 160,000 miles, and tractor-trailer
combinations for 15 years, accumulating 780,000 miles. He holds a Class
A CDL from Texas. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-03700 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P
