Qualification of Drivers; Exemption Applications; Vision, 22758-22760 [2021-08894]

Download as PDF 22758 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices The number assigned to this disaster for physical damage is 16934 6 and for economic injury is 16935 0. (Catalog of Federal Domestic Assistance Number 59008) James Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2021–08966 Filed 4–28–21; 8:45 am] BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2021–0361] Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Inspection Authorization Refresher Course Acceptance Form AGENCY: Federal Aviation Administration (FAA), DOT. Notice and request for comments. ACTION: In accordance with the Paperwork Reduction Act of 1995, the FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a new information collection. The collection is from persons or entities that desire to provide Inspection Authorization (IA) refresher courses for the purpose of IA renewal. The course providers complete FAA Form 8610–6 to substantiate their courses and administrative procedures are acceptable to the Administrator as required by 14 CFR 65.93(a)(4). DATES: Written comments should be submitted by June 28, 2021. ADDRESSES: Please send written comments: By Electronic Docket: https:// www.regulations.gov (Enter docket number into search field). By email: Robert Warren, robert.w.warren@faa.gov. FOR FURTHER INFORMATION CONTACT: Robert Warren by email at: robert.w.warren@faa.gov; phone: 202– 267–1711 SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:32 Apr 28, 2021 Jkt 253001 minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. OMB Control Number: 2120–XXXX. Title: Inspection Authorization Refresher Course Acceptance Form. Form Numbers: FAA Form 8610–6. Type of Review: The form is new and so is the OMB control number, however this information was previously collected by FAA Order 8900.1 Volume 3 Chapter 56 Section 1. Background: Successful completion of a refresher course acceptable to the Administrator is one method available for mechanics renewing their Inspection Authorization in accordance with 14 CFR 65.93. The information requested by the form enables the FAA to determine if the IA refresher course providers offer course content that meets the intent of the regulation, 14 CFR part 65.93(a)(4). The form also seeks substantiation of the course provider’s administrative processes to ensure recordkeeping of the training provided to IA mechanics that have taken their courses. Respondents: Persons or entities who have applied for or received notification of accepted courses to conduct IA refresher training. Course providers or course provider applicants may submit a course for acceptance at any time. Currently, there are approximately 160 IA refresher course providers, who submit approximately 13 initial course acceptance requests, 12 course changes, and 375 course renewal requests each year. Each course provider also has recordkeeping responsibilities for the IA mechanics that complete their refresher courses. Frequency: Accepted refresher courses are valid for four years and a renewal should be requested by the course provider prior to course expiration to ensure continued eligibility. On occasion, course providers submit course changes for approval when course revisions are made. Course provider record keeping is a function of the number of courses offered to IA mechanics. Estimated Average Form Completion Burden per Response: The FAA estimates an average of 1 hour per course submission, to include initial submission, course changes, and course renewals. This results in an estimated annual submission burden of 400 hours. Estimated Average Record Keeping Burden per Trainee: Course providers are obligated to record the training of the IA’s that complete their refresher courses. The FAA estimates recording of PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 the training to take .1 hours per trainee. The estimated annual recordkeeping burden is 6,576 hours. Estimated Total Annual Burden: The combined sum of the course acceptance submission burden and record keeping burden is an estimated 6,976 hours. Issued in Washington, DC, on April 26, 2021. Robert W. Warren, Aviation Safety Inspector, Office of Safety Standards, Aircraft Maintenance Division, General Aviation Branch. [FR Doc. 2021–08972 Filed 4–28–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0004] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt nine individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: The exemptions were applicable on April 17, 2021. The exemptions expire on April 17, 2023. 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: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0004, in the keyword box, and click ‘‘Search.’’ Next, E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. 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. jbell on DSKJLSW7X2PROD with NOTICES II. Background On March 17, 2021, FMCSA published a notice announcing receipt of applications from nine individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (86 FR 14670). The public comment period ended on April 16, 2021, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the 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. III. Discussion of Comments FMCSA received one comment in this proceeding. Shayla Britt submitted a comment in support of the Agency’s decision to grant the exemptions. VerDate Sep<11>2014 18:32 Apr 28, 2021 Jkt 253001 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 March 17, 2021, Federal Register notice (86 FR 14670) 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 nine 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, aphakia, cataracts, optic nerve coloboma, optic neuropathy, and retinal detachment. In most cases, their eye conditions did not develop recently. Seven 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 13 to 20 years. Although each 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 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 22759 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 from 3 to 80 years. In the past 3 years, one driver was involved in a crash, and one driver was convicted of a moving violation in a CMV. 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 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 E:\FR\FM\29APN1.SGM 29APN1 22760 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices exemption with respect to a person operating under the exemption. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration VII. Conclusion Based upon its evaluation of the nine exemption applications, FMCSA exempts the following drivers from the vision requirement, § 391.41(b)(10), subject to the requirements cited above: Jack A. Hemelgarn (MN) Joshua D. Kelley (TX) Richard T. Kessen (IL) Charles W. McClister III (PA) Craig Neblett (MO) John G. Shaver (NC) Robert L. Strange, Jr. (NC) Scott E. Wertman (NC) Thomas L. Wiles (NJ) 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. 2021–08894 Filed 4–28–21; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 4910–EX–P VerDate Sep<11>2014 18:32 Apr 28, 2021 Jkt 253001 [Docket No. FMCSA–1999–5748; FMCSA– 2000–7363; FMCSA–2000–8398; FMCSA– 2001–9258; FMCSA–2002–12432;FMCSA– 2002–12844; FMCSA–2003–14223; FMCSA– 2003–14504; FMCSA–2004–17984; FMCSA– 2004–19477; FMCSA–2005–20560; FMCSA– 2006–26066; FMCSA–2007–27333; FMCSA– 2007–27515; FMCSA–2007–28695; FMCSA– 2008–0021; FMCSA–2008–0174; FMCSA– 2008–0231; FMCSA–2008–0340; FMCSA– 2008–0398; FMCSA–2009–0054; FMCSA– 2010–0082; FMCSA–2010–0114; FMCSA– 2010–0187; FMCSA–2010–0287; FMCSA– 2011–0124; FMCSA–2012–0104; FMCSA– 2012–0214; FMCSA–2013–0022; FMCSA– 2013–0025; FMCSA–2013–0030; FMCSA– 2014–0003; FMCSA–2014–0010; FMCSA– 2014–0301; FMCSA–2014–0302; FMCSA– 2014–0304; FMCSA–2014–0305; FMCSA– 2015–0350; FMCSA–2016–0206; FMCSA– 2016–0214; FMCSA–2017–0014; FMCSA– 2017–0016; FMCSA–2018–0014; FMCSA– 2019–0004; FMCSA–2019–0005; FMCSA– 2019–0008; FMCSA–2019–0009] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 59 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 were 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 June 1, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–1999–5748, Docket No. FMCSA–2000–7363, Docket No. FMCSA–2000–8398, Docket No. FMCSA–2001–9258, Docket No. FMCSA–2002–12432, Docket No. FMCSA–2002–12844, Docket No. FMCSA–2003–14223, Docket No. FMCSA–2003–14504, Docket No. FMCSA–2004–17984, Docket No. FMCSA–2004–19477, Docket No. FMCSA–2005–20560, Docket No. FMCSA–2006–26066, Docket No. FMCSA–2007–27333, Docket No. FMCSA–2007–27515, Docket No. SUMMARY: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 FMCSA–2007–28695, Docket No. FMCSA–2008–0021, Docket No. FMCSA–2008–0174, Docket No. FMCSA–2008–0231, Docket No. FMCSA–2008–0340, Docket No. FMCSA–2008–0398, Docket No. FMCSA–2009–0054, Docket No. FMCSA–2010–0082, Docket No. FMCSA–2010–0114, Docket No. FMCSA–2010–0187, Docket No. FMCSA–2010–0287, Docket No. FMCSA–2011–0124, Docket No. FMCSA–2012–0104, Docket No. FMCSA–2012–0214, Docket No. FMCSA–2013–0022, Docket No. FMCSA–2013–0025, Docket No. FMCSA–2013–0030, Docket No. FMCSA–2014–0003, Docket No. FMCSA–2014–0010, Docket No. FMCSA–2014–0301, Docket No. FMCSA–2014–0302, Docket No. FMCSA–2014–0304, Docket No. FMCSA–2014–0305, Docket No. FMCSA–2015–0350, Docket No. FMCSA–2016–0206, Docket No. FMCSA–2016–0214, Docket No. FMCSA–2017–0014, Docket No. FMCSA–2017–0016, Docket No. FMCSA–2018–0014, Docket No. FMCSA–2019–0004, Docket No. FMCSA–2019–0005, Docket No. FMCSA–2019–0008, or Docket No. FMCSA–2019–0009 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–1999–5748, FMCSA– 2000–7363, FMCSA–2000–8398, FMCSA–2001–9258, FMCSA–2002– 12432, FMCSA–2002–12844, FMCSA– 2003–14223, FMCSA–2003–14504, FMCSA–2004–17984, FMCSA–2004– 19477, FMCSA–2005–20560, FMCSA– 2006–26066, FMCSA–2007–27333, FMCSA–2007–27515, FMCSA–2007– 28695, FMCSA–2008–0021, FMCSA– 2008–0174, FMCSA–2008–0231, FMCSA–2008–0340, FMCSA–2008– 0398, FMCSA–2009–0054, FMCSA– 2010–0082, FMCSA–2010–0114, FMCSA–2010–0187, FMCSA–2010– 0287, FMCSA–2011–0124, FMCSA– 2012–0104, FMCSA–2012–0214, FMCSA–2013–0022, FMCSA–2013– 0025, FMCSA–2013–0030, FMCSA– 2014–0003, FMCSA–2014–0010, FMCSA–2014–0301, FMCSA–2014– 0302, FMCSA–2014–0304, FMCSA– 2014–0305, FMCSA–2015–0350, FMCSA–2016–0206, FMCSA–2016– 0214, FMCSA–2017–0014, FMCSA– 2017–0016, FMCSA–2018–0014, FMCSA–2019–0004, FMCSA–2019– 0005, FMCSA–2019–0008, or FMCSA– 2019–0009, in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click on the E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22758-22760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08894]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0004]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt nine individuals from 
the vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 
commerce. They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions enable these individuals to operate 
CMVs in interstate commerce without meeting the vision requirement in 
one eye.

DATES: The exemptions were applicable on April 17, 2021. The exemptions 
expire on April 17, 2023.

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 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 Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2021-0004, in the keyword box, and click ``Search.'' 
Next,

[[Page 22759]]

sort the results by ``Posted (Newer-Older),'' choose the first notice 
listed, and click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal holidays. To be sure someone 
is there to help you, please call (202) 366-9317 or (202) 366-9826 
before visiting Dockets Operations.

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 March 17, 2021, FMCSA published a notice announcing receipt of 
applications from nine individuals requesting an exemption from vision 
requirement in 49 CFR 391.41(b)(10) and requested comments from the 
public (86 FR 14670). The public comment period ended on April 16, 
2021, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by complying with Sec.  391.41(b)(10).
    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 a 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 red, 
green, and amber.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Shayla Britt 
submitted a comment in support of the Agency's decision to grant the 
exemptions.

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 2-year 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 March 17, 2021, Federal 
Register notice (86 FR 14670) 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 nine 
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, aphakia, cataracts, optic nerve coloboma, 
optic neuropathy, and retinal detachment. In most cases, their eye 
conditions did not develop recently. Seven 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 13 to 20 years. Although each 
applicant has one eye that does not meet the vision requirement in 
Sec.  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 from 3 to 80 years. In the past 3 years, one 
driver was involved in a crash, and one driver was convicted of a 
moving violation in a CMV. 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 Sec.  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 Sec.  391.41(b)(10) and 
(b) by a certified medical examiner (ME) who attests that the 
individual is otherwise physically qualified under Sec.  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

[[Page 22760]]

exemption with respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the nine exemption applications, FMCSA 
exempts the following drivers from the vision requirement, Sec.  
391.41(b)(10), subject to the requirements cited above:

Jack A. Hemelgarn (MN)
Joshua D. Kelley (TX)
Richard T. Kessen (IL)
Charles W. McClister III (PA)
Craig Neblett (MO)
John G. Shaver (NC)
Robert L. Strange, Jr. (NC)
Scott E. Wertman (NC)
Thomas L. Wiles (NJ)

    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. 2021-08894 Filed 4-28-21; 8:45 am]
BILLING CODE 4910-EX-P
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