Qualification of Drivers; Exemption Applications; Vision, 38180-38182 [2021-15258]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 38180 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices address provided above or the TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150; telephone: (214) 320–6200. 4. FM 523 from SH 332 to FM 1495, Brazoria County, Texas. The project proposes to reconstruct and widen FM 523 within the described limits from two 11-foot lanes to four 12-foot lanes (two lanes in each direction) with a continuous 16-foot center turn lane and 10-foot shoulders. The project is located between the cities of Freeport and Oyster Creek in southeast Brazoria County. The project would be 1.4 miles in length and would require no new right of way, although 0.09 acre of temporary construction easements would be required at the intersection of FM 523 and Dow Levee Road. The actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Categorical Exclusion Determination issued on April 26, 2021, and other documents in the TxDOT project file. The Categorical Exclusion Determination and other documents in the TxDOT project file are available by contacting TxDOT at the address provided above or the TxDOT Houston District Office at 7600 Washington Avenue, Houston, TX 77007; telephone: (713) 802–5076. 5. US 90 from State Highway 211 to Loop 13, Bexar County, Texas. The project will widen the existing roadway from a four-lane divided roadway with intermittent frontage roads to a six-lane expressway with one-way continuous frontage roads in each direction. The project is approximately 11.5 miles in length. The actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Final Environmental Assessment (EA), the Finding of No Significant Impact (FONSI) issued on March 26, 2021, and other documents in the TxDOT project file. The EA, FONSI, and other documents in the TxDOT project file are available by contacting TxDOT at the address provided above or TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, TX 78229; telephone: (210) 615–5839. 6. Kenney Fort Boulevard (Blvd.) from Forest Creek Drive to State Highway (SH) 45, Williamson County, Texas. The project will extend Kenney Fort Blvd. on new location from Forest Creek Drive south to SH 45. The project will construct a limited-access 6-lane major arterial consisting of three 12-foot travel lanes in each direction with a continuous sidewalk and shared-use path. The project is approximately 1.5 miles in length. The actions by TxDOT and Federal agencies and the laws VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 under which such actions were taken are described in the Final Environmental Assessment (EA), the Finding of No Significant Impact (FONSI) issued on May 21, 2021, and other documents in the TxDOT project file. The EA, FONSI, and other documents in the TxDOT project file are available by contacting TxDOT at the address provided above or the TxDOT Austin District Office at 7901 North I– 35, Austin, TX 78753; telephone: 512– 832–7000. Authority: 23 U.S.C. 139(l)(1). Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. [FR Doc. 2021–15181 Filed 7–16–21; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration • 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, DOT, 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: [Docket No. FMCSA–2021–0008] I. Public Participation Qualification of Drivers; Exemption Applications; Vision A. Submitting Comments 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 eight 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 August 18, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2021–0008 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2021–0008, 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. SUMMARY: PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2021–0008), 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=FMCSA2021–0008. 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. E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0008, 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. lotter on DSK11XQN23PROD with NOTICES1 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 eight 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 VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber. On July 16, 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (57 FR 31458). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by § 4007 of the Transportation Equity Act for the 21st Century (TEA–21), Public Law 105–178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of § 391.41(b)(10). To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely in intrastate commerce with the vision deficiency for the past three 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 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. PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 38181 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. Qualifications of Applicants Karl C. Christenson Mr. Christenson, 36, has corneal scarring in his right eye due to a traumatic incident in 2018. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2021, his ophthalmologist stated, ‘‘It is in my medical opinion that Karl Christenson, although he is limited to 20/200 vision in his right eye, does appear to have sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Christenson reported that he has driven tractor-trailer combinations for 7 years, accumulating 700,000 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. James G. Cothren Mr. Cothren, 54, has had a prosthetic in his right eye since birth. The visual acuity in his right eye is no light perception, and in his left eye, 20/15. Following an examination in 2021, his optometrist stated, ‘‘In my opinion, this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cothren reported that he has driven tractortrailer combinations for 25 years, accumulating 2.5 million miles. He holds a Class A CDL from Georgia. His E:\FR\FM\19JYN1.SGM 19JYN1 38182 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV; he exceeded the speed limit by 17 mph. CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. comments and material received before the close of business on the closing date indicated under the DATES section of the notice. Gregory C. Grubb Mr. Grubb, 30, has had refractive amblyopia in his left eye since chidlhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2021, his ophthalmologist stated, ‘‘In my medical opinion, Greg has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Grubb reported that he has driven tractor-trailer combinations for 8 years, accumulating 416,000 miles. He holds a Class DA CDL from Kentucky. His driving record for the last 3 years shows no crashes and two convictions for moving violations in a CMV; failure to obey the instructions of an applicable official traffic-control device, and improper driving. Saul Quintero Mr. Quintero, 50, has a prosthetic right eye due to a traumatic incident in 2017. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2021, his ophthalmologist stated, ‘‘Mr. Quintero has 20/20 vision on the left eye and normal visual field which should qualify him to operate a commercial vehicle.’’ Mr. Quintero reported that he has driven tractortrailer combinations for 16 years, accumulating 2.16 million miles. He holds a Class A CDL from Indiana. 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. Larry W. Minor, Associate Administrator for Policy. Mersad Redzovic Mr. Redzovic, 26, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2021, his optometrist stated, ‘‘His vision is sufficient to perform driving tasks required to operate a commercial vehicle.’’ Mr. Redzovic reported that he has driven straight trucks for 2 years, accumulating 98,000 miles, and tractor-trailer combinations for 3 years, accumulating 170,500 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Proposed Interagency Guidance on Third-Party Relationships: Risk Management lotter on DSK11XQN23PROD with NOTICES1 Ernest Herrera Mr. Herrera, 54, has had a retinal detachment in his left eye since 2013. 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, ‘‘I can express that it is my opinion, that a person with a 20/20 or 20/25+2 Snellen acuity measurements in one eye, normal color perception with both eyes open, a visual field of 120 horizontal degrees in each eye, and that such person has made a living by legally operating a commercial vehicle in the State of Texas for the last 5 years, would possess sufficient vision necessary to operating a commercial vehicle.’’ Mr. Herrera reported that he has driven straight trucks for 35 years, accumulating 350,000 miles, and tractor-trailer combinations for 21 years, accumulating 2.625 million 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; over gross weight. Leonard G. Hill Mr. Hill, 49, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2021, his optometrist stated, ‘‘In my medical opinion, this patient has sufficient vision to perform normal driving tasks required to operate a commercial vehicle.’’ Mr. Hill reported that he has driven straight trucks for 16 years, accumulating 2.2 million miles, and tractor-trailer combinations for 16 years, accumulating 2.2 million miles. He holds a Class A VerDate Sep<11>2014 18:23 Jul 16, 2021 Jkt 253001 Tyler J. Worthen Mr. Worthen, 35, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2021, his optometrist stated, ‘‘In my medical opinion, Mr. Worthen has sufficient vision to perform the tasks required to operate a commercial vehicle.’’ Mr. Worthen reported that he has driven straight trucks for 6 years, accumulating 156,000 miles, and buses for 2 years, accumulating 15,600 miles. He holds an operator’s license from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. 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 PO 00000 Frm 00196 Fmt 4703 Sfmt 4703 [FR Doc. 2021–15258 Filed 7–16–21; 8:45 am] BILLING CODE 4910–EX–P FEDERAL RESERVE SYSTEM [Docket No. OP–1752] FEDERAL DEPOSIT INSURANCE CORPORATION RIN 3064–ZA26 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [Docket ID OCC–2021–0011] The Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC). ACTION: Proposed interagency guidance and request for comment. AGENCY: The Board, FDIC, and OCC (together, the agencies) invite comment on proposed guidance on managing risks associated with third-party relationships. The proposed guidance would offer a framework based on sound risk management principles for banking organizations to consider in developing risk management practices for all stages in the life cycle of thirdparty relationships that takes into account the level of risk, complexity, and size of the banking organization and the nature of the third-party relationship. The proposed guidance sets forth considerations with respect to the management of risks arising from third-party relationships. The proposed guidance would replace each agency’s existing guidance on this topic and would be directed to all banking organizations supervised by the agencies. DATES: Comments must be received no later than September 17, 2021. ADDRESSES: Interested parties are encouraged to submit written comments to any or all agencies listed below. The agencies will share comments with each other. Comments should be directed to: Board: When submitting comments, please consider submitting your SUMMARY: E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38180-38182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15258]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0008]


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 eight 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 August 18, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2021-0008 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0008, 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, 
DOT, 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-2021-0008), 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- 2021-0008. 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.

[[Page 38181]]

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2021-0008, 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 eight individuals listed in this notice have requested an 
exemption from the vision requirement in 49 CFR 391.41(b)(10). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision 
found in Sec.  391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of at 
least 20/40 (Snellen) in each eye without corrective lenses or visual 
acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of at least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing standard 
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (57 FR 31458). The current Vision Exemption Program was 
established in 1998, following the enactment of amendments to the 
statutes governing exemptions made by Sec.  4007 of the Transportation 
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 
107, 401 (June 9, 1998). Vision exemptions are considered under the 
procedures established in 49 CFR part 381 subpart C, on a case-by-case 
basis upon application by CMV drivers who do not meet the vision 
standards of Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely in intrastate commerce with the vision 
deficiency for the past three 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 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.

Qualifications of Applicants

Karl C. Christenson

    Mr. Christenson, 36, has corneal scarring in his right eye due to a 
traumatic incident in 2018. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2021, his 
ophthalmologist stated, ``It is in my medical opinion that Karl 
Christenson, although he is limited to 20/200 vision in his right eye, 
does appear to have sufficient vision to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Christenson reported that he has 
driven tractor-trailer combinations for 7 years, accumulating 700,000 
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.

James G. Cothren

    Mr. Cothren, 54, has had a prosthetic in his right eye since birth. 
The visual acuity in his right eye is no light perception, and in his 
left eye, 20/15. Following an examination in 2021, his optometrist 
stated, ``In my opinion, this patient has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Cothren reported that he has driven tractor-trailer combinations for 25 
years, accumulating 2.5 million miles. He holds a Class A CDL from 
Georgia. His

[[Page 38182]]

driving record for the last 3 years shows no crashes and one conviction 
for speeding in a CMV; he exceeded the speed limit by 17 mph.

Gregory C. Grubb

    Mr. Grubb, 30, has had refractive amblyopia in his left eye since 
chidlhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/70. Following an examination in 2021, his ophthalmologist 
stated, ``In my medical opinion, Greg has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Grubb 
reported that he has driven tractor-trailer combinations for 8 years, 
accumulating 416,000 miles. He holds a Class DA CDL from Kentucky. His 
driving record for the last 3 years shows no crashes and two 
convictions for moving violations in a CMV; failure to obey the 
instructions of an applicable official traffic-control device, and 
improper driving.

Ernest Herrera

    Mr. Herrera, 54, has had a retinal detachment in his left eye since 
2013. 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, 
``I can express that it is my opinion, that a person with a 20/20 or 
20/25+2 Snellen acuity measurements in one eye, normal color perception 
with both eyes open, a visual field of 120 horizontal degrees in each 
eye, and that such person has made a living by legally operating a 
commercial vehicle in the State of Texas for the last 5 years, would 
possess sufficient vision necessary to operating a commercial 
vehicle.'' Mr. Herrera reported that he has driven straight trucks for 
35 years, accumulating 350,000 miles, and tractor-trailer combinations 
for 21 years, accumulating 2.625 million 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; over gross weight.

Leonard G. Hill

    Mr. Hill, 49, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2021, his optometrist stated, ``In my 
medical opinion, this patient has sufficient vision to perform normal 
driving tasks required to operate a commercial vehicle.'' Mr. Hill 
reported that he has driven straight trucks for 16 years, accumulating 
2.2 million miles, and tractor-trailer combinations for 16 years, 
accumulating 2.2 million miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Saul Quintero

    Mr. Quintero, 50, has a prosthetic right eye due to a traumatic 
incident in 2017. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2021, his ophthalmologist stated, ``Mr. Quintero has 20/20 vision on 
the left eye and normal visual field which should qualify him to 
operate a commercial vehicle.'' Mr. Quintero reported that he has 
driven tractor-trailer combinations for 16 years, accumulating 2.16 
million miles. He holds a Class A CDL from Indiana. 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.

Mersad Redzovic

    Mr. Redzovic, 26, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2021, his optometrist stated, ``His 
vision is sufficient to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Redzovic reported that he has driven straight 
trucks for 2 years, accumulating 98,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 170,500 miles. He holds a Class 
A CDL from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Tyler J. Worthen

    Mr. Worthen, 35, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/50. 
Following an examination in 2021, his optometrist stated, ``In my 
medical opinion, Mr. Worthen has sufficient vision to perform the tasks 
required to operate a commercial vehicle.'' Mr. Worthen reported that 
he has driven straight trucks for 6 years, accumulating 156,000 miles, 
and buses for 2 years, accumulating 15,600 miles. He holds an 
operator's license from Pennsylvania. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

III. 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. 2021-15258 Filed 7-16-21; 8:45 am]
BILLING CODE 4910-EX-P