Qualification of Drivers; Exemption Applications; Vision, 24436-24438 [2021-09586]

Download as PDF 24436 Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize or include your comments in the request for OMB’s clearance of this information collection. Issued under the authority of 49 CFR 1.87. Thomas P. Keane, Associate Administrator,Office of Research and Registration. [FR Doc. 2021–09577 Filed 5–5–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0006] I. Public Participation 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 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 June 7, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2021–0006 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2021–0006, in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click on the ‘‘Comment’’ button. Follow the online instructions for submitting comments. • Mail: Dockets Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:49 May 05, 2021 Jkt 253001 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: A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2021–0006), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to www.regulations.gov/docket?D=FMCSA2021-0006. Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, click the ‘‘Comment’’ button, and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 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 Comments To view comments go to www.regulations.gov. Insert the docket PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 number, FMCSA–2021–0006, in the keyword box, and click ‘‘Search.’’ Next, 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. 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 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. 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 E:\FR\FM\06MYN1.SGM 06MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices and devices showing standard red, green, and amber. On July 16, 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (57 FR 31458). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by § 4007 of the Transportation Equity Act for the 21st Century (TEA–21), Public Law 105–178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of § 391.41(b)(10). To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely in intrastate commerce with the vision deficiency for the past 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at www.regulations.gov/ docket?D=FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration’s former waiver study program clearly demonstrated the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively.1 The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. 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 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. VerDate Sep<11>2014 16:49 May 05, 2021 Jkt 253001 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 three consecutive years of data, comparing the experiences of drivers in the first two years with their experiences in the final year. III. Qualifications of Applicants Ned Adkins Mr. Adkins, 61, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/30, and in his left eye, 20/200. Following an examination in 2021, his ophthalmologist stated, ‘‘He was diagnosed with Amblyopia OS many year [sic] ago. It is my professional opinion that he is able to perform the tasks needed to operate a commercial vehicle.’’ Mr. Adkins reported that he has driven straight trucks for 10 years, accumulating 48,000 miles, and tractortrailer combinations for 32 years, accumulating 320,000 miles. He holds a Class A CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. 24437 William G. Gamble Mr. Gamble, 61, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2021, his optometrist stated, ‘‘Mr. Gamble’s vision is sufficient for commercial driving.’’ Mr. Gamble reported that he has driven straight trucks for 4 years, accumulating 800,000 miles, tractor-trailer combinations for 4 years, accumulating 416,000 miles. He holds a Class A CDL Indiana. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; unsafe lane movement. Viktor V. Goluda Mr. Goluda, 28, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/60, and in his left eye, 20/20. Following an examination in 2020, his optometrist stated, ‘‘Viktor Goluda has sufficient vision to operate a commercial vehicle’’ [sic] Mr. Goluda reported that he has driven straight trucks for 10 years, accumulating 300,000 miles. He holds a Class A CDL from South Carolina. His driving record for the last 3 years shows one crash, which he was not cited for, and no convictions for moving violations in a CMV. Troy T. Driscoll Mark Patricola Mr. Patricola, 47, has had an iris coloboma in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2020, his optometrist stated, ‘‘Based on the results of today’s examination, Mr. Patricola has sufficient vision in his left eye to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Patricola reported that he has driven straight trucks for 10 years, accumulating 52,000 miles. He holds an operator’s license from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mr. Driscoll, 40, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2020, his optometrist stated, ‘‘He has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Driscoll reported that he has driven straight trucks for 22 years, accumulating 495,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William C. Pinson Mr. Pinson, 50, has chorioretinal scarring 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, 20/150. Following an examination in 2020, his optometrist stated, ‘‘I, Dr. Lance B. Abernathy, certify that Mr. William Pinson has vision sufficient to perform driving tasks required to operate a commercial vehicle.’’ Mr. Pinson reported that he has driven straight trucks for 3 years, accumulating 124,800 miles. He holds a Class A CDL from Texas. His driving PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\06MYN1.SGM 06MYN1 24438 Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Faron D. Seaman Mr. Seaman, 59, has had a prosthetic in his right eye due to a traumatic incident in 1965. The visual acuity in his right eye is 0, and in his left eye, 20/ 20. Following an examination in 2021, his optometrist stated, ‘‘My professional opinion is that there is no condition of eye health or vision that would interfere with Mr. Seaman’s ability to operate a commercial vehicle.’’ Mr. Seaman reported that he has driven tractortrailer combinations for 36 years, accumulating 4,320,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he failed to yield for a traffic control device. 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. 2021–09586 Filed 5–5–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Tuesday, June 24, 2021 from 2:00 p.m.– 3:30 p.m. EDT Great Lakes St. Lawrence Seaway Development Corporation Tuesday, September 28, 2021 from 2:00 p.m.–3:30 p.m. EDT Advisory Board; Notice of Public Meetings 1. Opening Remarks 2. Consideration of Minutes of Past Meeting 3. Quarterly Report 4. Old and New Business 5. Closing Discussion 6. Adjournment Great Lakes St. Lawrence Seaway Development Corporation (GLS), DOT. ACTION: Notice of public meetings. AGENCY: This notice announces the public meetings via conference call of the Great Lakes St. Lawrence Seaway Development Corporation Advisory Board. DATES: The public meetings will be held on (all times Eastern): • Tuesday, June 24, 2021 from 2:00 p.m.–3:30 p.m. EDT Æ Requests to attend the meeting must be received by June 17, 2021. Æ Requests for accommodations to a disability must be received by June 17 2021. Æ If you wish to speak during the meeting, you must submit a written SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES copy of your remarks to GLS by June 17, 2021. Æ Requests to submit written materials to be reviewed during the meeting must be received no later than June 17, 2021. • Tuesday, September 28, 2021 from 2:00 p.m.–3:30 p.m. EDT Æ Requests to attend the meeting must be received by September 21, 2021. Æ Requests for accommodations to a disability must be received by September 21, 2021. Æ If you wish to speak during the meeting, you must submit a written copy of your remarks to GLS by September 21, 2021. Æ Requests to submit written materials to be reviewed during the meeting must be received no later than September 21, 2021. ADDRESSES: The meetings will be held via conference call at the GLS’s Operations location, 180 Andrews Street, Massena, NY 13662. FOR FURTHER INFORMATION CONTACT: Martin Welles, Executive Officer, Great Lakes St. Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE, Washington, DC 20590; 315–764–3231. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. App. 2), notice is hereby given of meetings of the GLS Advisory Board. The agenda for each meeting is the same and will be as follows: VerDate Sep<11>2014 16:49 May 05, 2021 Jkt 253001 Public Participation Attendance at the meeting is open to the interested public. With the approval of the Administrator, members of the public may present oral statements at the meeting. Persons wishing further information should contact the person listed under the heading, FOR FURTHER INFORMATION CONTACT. There will be three (3) minutes allotted for oral comments from members of the public joining the meeting. To accommodate as many speakers as possible, the time for each commenter may be limited. Individuals wishing to reserve speaking time during the meeting must submit a PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 request at the time of registration, as well as the name, address, and organizational affiliation of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the GLS conduct a lottery to determine the speakers. Speakers are requested to submit a written copy of their prepared remarks for inclusion in the meeting records and for circulation to GLS Advisory Board members. All prepared remarks submitted will be accepted and considered as part of the meeting’s record. Any member of the public may submit a written statement after the meeting deadline, and it will be presented to the committee. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Any member of the public may present a written statement to the Advisory Board at any time. Issued at Washington, DC. Carrie Lavigne, (Approving Official) Chief Counsel, Great Lakes St. Lawrence Seaway Development Corporation. [FR Doc. 2021–09598 Filed 5–5–21; 8:45 am] BILLING CODE 4910–61–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Comment Request on Burden Related to Returns by a U.S. Transferor of Property to a Foreign Corporation Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the burden related to completing a return by a U.S. transferor of property to a foreign corporation. SUMMARY: E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Notices]
[Pages 24436-24438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09586]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0006]


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.

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

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 June 7, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2021-0006 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0006, in the keyword box, and 
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),'' 
choose the first notice listed, and click on the ``Comment'' button. 
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [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-2021-0006), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2021-0006. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button, 
and type your comment into the text box on the following screen. Choose 
whether you are submitting your comment as an individual or on behalf 
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2021-0006, in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' If you do not have access 
to the internet, you may view the docket online by visiting Dockets 
Operations in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The statute also allows the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The 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

[[Page 24437]]

and devices showing standard red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (57 FR 31458). The current Vision Exemption Program was 
established in 1998, following the enactment of amendments to the 
statutes governing exemptions made by Sec.  4007 of the Transportation 
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 
107, 401 (June 9, 1998). Vision exemptions are considered under the 
procedures established in 49 CFR part 381 subpart C, on a case-by-case 
basis upon application by CMV drivers who do not meet the vision 
standards of Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely in intrastate commerce with the vision 
deficiency for the past 3 years. Recent driving performance is 
especially important in evaluating future safety, according to several 
research studies designed to correlate past and future driving 
performance. Results of these studies support the principle that the 
best predictor of future performance by a driver is his/her past record 
of crashes and traffic violations. Copies of the studies may be found 
at www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's former 
waiver study program clearly demonstrated the driving performance of 
experienced monocular drivers in the program is better than that of all 
CMV drivers collectively.\1\ The fact that experienced monocular 
drivers demonstrated safe driving records in the waiver program 
supports a conclusion that other monocular drivers, meeting the same 
qualifying conditions as those required by the waiver program, are also 
likely to have adapted to their vision deficiency and will continue to 
operate safely.
---------------------------------------------------------------------------

    \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 three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.

III. Qualifications of Applicants

Ned Adkins

    Mr. Adkins, 61, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/30, and in his left eye, 20/
200. Following an examination in 2021, his ophthalmologist stated, ``He 
was diagnosed with Amblyopia OS many year [sic] ago. It is my 
professional opinion that he is able to perform the tasks needed to 
operate a commercial vehicle.'' Mr. Adkins reported that he has driven 
straight trucks for 10 years, accumulating 48,000 miles, and tractor-
trailer combinations for 32 years, accumulating 320,000 miles. He holds 
a Class A CDL from Georgia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Troy T. Driscoll

    Mr. Driscoll, 40, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2020, his optometrist stated, ``He has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Driscoll reported that he has driven straight 
trucks for 22 years, accumulating 495,000 miles. He holds a Class A CDL 
from Minnesota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

William G. Gamble

    Mr. Gamble, 61, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is hand motion, and in his left eye, 
20/20. Following an examination in 2021, his optometrist stated, ``Mr. 
Gamble's vision is sufficient for commercial driving.'' Mr. Gamble 
reported that he has driven straight trucks for 4 years, accumulating 
800,000 miles, tractor-trailer combinations for 4 years, accumulating 
416,000 miles. He holds a Class A CDL Indiana. His driving record for 
the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; unsafe lane movement.

Viktor V. Goluda

    Mr. Goluda, 28, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/60, and in his left eye, 20/20. 
Following an examination in 2020, his optometrist stated, ``Viktor 
Goluda has sufficient vision to operate a commercial vehicle'' [sic] 
Mr. Goluda reported that he has driven straight trucks for 10 years, 
accumulating 300,000 miles. He holds a Class A CDL from South Carolina. 
His driving record for the last 3 years shows one crash, which he was 
not cited for, and no convictions for moving violations in a CMV.

Mark Patricola

    Mr. Patricola, 47, has had an iris coloboma in his right eye since 
birth. The visual acuity in his right eye is hand motion, and in his 
left eye, 20/20. Following an examination in 2020, his optometrist 
stated, ``Based on the results of today's examination, Mr. Patricola 
has sufficient vision in his left eye to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Patricola reported that 
he has driven straight trucks for 10 years, accumulating 52,000 miles. 
He holds an operator's license from New Jersey. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

William C. Pinson

    Mr. Pinson, 50, has chorioretinal scarring 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, 20/150. Following an examination in 2020, 
his optometrist stated, ``I, Dr. Lance B. Abernathy, certify that Mr. 
William Pinson has vision sufficient to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Pinson reported that he has 
driven straight trucks for 3 years, accumulating 124,800 miles. He 
holds a Class A CDL from Texas. His driving

[[Page 24438]]

record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Faron D. Seaman

    Mr. Seaman, 59, has had a prosthetic in his right eye due to a 
traumatic incident in 1965. The visual acuity in his right eye is 0, 
and in his left eye, 20/20. Following an examination in 2021, his 
optometrist stated, ``My professional opinion is that there is no 
condition of eye health or vision that would interfere with Mr. 
Seaman's ability to operate a commercial vehicle.'' Mr. Seaman reported 
that he has driven tractor-trailer combinations for 36 years, 
accumulating 4,320,000 miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation in a CMV; he failed to yield for a traffic 
control device.

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. 2021-09586 Filed 5-5-21; 8:45 am]
BILLING CODE 4910-EX-P
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