Qualification of Drivers; Exemption Applications; Vision, 45800-45803 [2021-17419]
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
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 regulatory 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.
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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 physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist Medical Examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The two individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
seizure disorders prohibition in
§ 391.41(b)(8), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the two applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The two drivers in this
notice remain in good standing with the
Agency, have maintained their medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System and the Motor
Carrier Management Information System
are searched for crash and violation
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of 2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
As of August 13, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Dennis Klamm (MN) and Stephen
Root (NY).
The drivers were included in docket
number FMCSA–2015–0116 or FMCSA–
2019–0027. Their exemptions are
applicable as of August 13, 2021 and
will expire on August 13, 2023.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
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driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) 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 of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (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 before it was 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).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the two
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–17420 Filed 8–13–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0010]
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
SUMMARY:
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before September 15, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0010 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0010, 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,
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:
I. Public Participation
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0010),
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
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are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/docket?D=FMCSA2021-0010. 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
number, FMCSA–2021–0010, 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 regulatory 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
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45801
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
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,
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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
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.
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III. Qualifications of Applicants
Christopher W. Cochran
Mr. Cochran, 37, has had optic
atrophy in his left eye since birth. The
visual acuity in his right eye is 20/20,
and in his left eye, hand motion.
Following an examination in 2021, his
optometrist stated, ‘‘In my medical
opinion, the patient has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Cochran reported that he has driven
straight trucks for 5 years, accumulating
1 A thorough discussion of this issue may be
found in a FHWA final rule published in the
Federal Register on March 26, 1996 and available
on the internet at https://www.govinfo.gov/content/
pkg/FR-1996-03-26/pdf/96-7226.pdf.
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13,000 miles. He holds a Class B CDL
from Missouri. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jon C. Dillon
Mr. Dillon, 53, has a macular scar in
his left eye due to a traumatic incident
in 1996. The visual acuity in his right
eye is 20/20, and in his left eye,
counting fingers. Following an
examination in 2021, his optometrist
stated, ‘‘It is my medical opinion that
Mr. Dillion has sufficient vision to
perform the driving tests required to
operate a commercial vehicle under
guidelines.’’ Mr. Dillon reported that he
has driven straight trucks for 28 years,
accumulating 14,000 miles, and tractortrailer combinations for 15 years,
accumulating 45,000 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.
David L. Marsh
Mr. Marsh, 59, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an
examination in 2020, his
ophthalmologist stated, ‘‘In my medical
opinion, David Marsh has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Marsh reported that he has
driven straight trucks for 39 years,
accumulating 136,500 miles, tractortrailer combinations for 4 years,
accumulating 14,000 miles, and buses
for 10 years, accumulating 35,000 miles.
He holds a Class A CDL from
Washington. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jason A. Melo
Mr. Melo, 36, has had amblyopia in
his right eye since birth. The visual
acuity in his right eye is 20/150, and in
his left eye, 20/20. Following an
examination in 2020, his optometrist
stated, ‘‘In my medical opinion, Jason
has sufficient vision to perform the
duties required to operate a commercial
vehicle.’’ Mr. Melo reported that he has
driven straight trucks for 6 years,
accumulating 117,000 miles. He holds a
Class B CDL from New Hampshire. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Jeffrey S. Rockhill
Mr. Rockhill, 30, has had amblyopia
in his right eye since childhood. The
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visual acuity in his right eye is 20/400,
and in his left eye, 20/20. Following an
examination in 2021, his optometrist
stated, ‘‘Jeff has adequate vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Rockhill reported that he has driven
straight trucks for 20 years,
accumulating 300,000 miles, and
tractor-trailer combinations for 20 years,
accumulating 300,000 miles. He holds a
Class A CDL from Kansas. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Leonard J. VanVelkinburgh
Mr. VanVelkinburgh, 74, has
complete vision loss in his right eye due
to a traumatic incident in childhood.
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, ‘‘I believe
that he has sufficient vision in his left
eye to provide the driving tasks required
to operate a commercial vehicle.’’ Mr.
VanVelkinburgh reported that he has
driven straight trucks for 13 years,
accumulating 65,000 miles, and tractortrailer combinations for 13 years,
accumulating 58,500 miles. He holds a
Class A CDL from California. His
driving record for the last 3 years shows
no crashes, and one citation for moving
violations in a CMV; he exceeded the
speed limit by 20 miles per hour.
Ananias E. Yoder
Mr. Yoder, 27, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/150. Following an
examination in 2020, his optometrist
stated, ‘‘In my medical opinion, Mr.
Yoder has sufficient vision to perform
driving tasks required to operate a
commercial vehicle.’’ Mr. Yoder
reported that he has driven tractortrailer combinations for 3 years,
accumulating 150,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
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indicated under the DATES section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–17419 Filed 8–13–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0107]
Agency Information Collection
Activities; Approval of a New
Information Collection; Waiver and
Exemption Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety
Administration (FMCSA) announces its
plan to submit the Information
Collection Request (ICR) described
below to the Office of Management and
Budget (OMB) for its review and
approval and invites public comment.
This notice invites comment on a new
information collection titled ‘‘Waiver
and Exemption Requirements’’. The ICR
estimates the burden applicants incur to
comply with the reporting tasks
required for requesting waivers and
exemptions. FMCSA has not previously
accounted for these burdens.
DATES: We must receive your comments
on or before October 15, 2021.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2021–0107 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
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SUMMARY:
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Participation heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Pearlie Robinson, Driver and Carrier
Operations Division, DOT, FMCSA,
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–366–4225.
Email: MCPSD@dot.gov. Office hours
are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Background: In 1998, the Federal
Highway Administration (FHWA), the
predecessor agency of FMCSA, adopted
49 CFR part 381 as an interim final rule
(IFR), establishing procedures for
applying for waivers, exemptions, and
pilot programs (63 FR 67600, December
8, 1998). Section 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21) amended 49 U.S.C.
31315 and 31136(e) to provide authority
to the Secretary of Transportation to
grant waivers and exemptions from
motor carrier safety regulations. Section
4007 of TEA–21 requires that the terms
and conditions for all waivers and
exemptions likely achieve a level of
safety equivalent to or greater than what
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45803
would be achieved by complying with
the safety regulations. In 2004, FMCSA
adopted its IFR as final at 49 CFR part
381, consistent with section 4007 of
TEA–21 (69 FR 51589, August 20, 2004).
The final rule also established
procedures that govern how FMCSA
reviews, grants, or denies requests for
waivers and applications for
exemptions. The final rule included
requirements for publishing notice of
exemption applications in the Federal
Register to afford the public an
opportunity for comment. There is no
statutory requirement to publish
Federal Register notices concerning
waiver applications.
When the waiver and exemption
provisions were first adopted, FHWA
stated that it would ‘‘consider the
information collection requirements for
each waiver, exemption, and pilot
program and, if necessary, request
approval from the Office of Management
and Budget for any special
recordkeeping requirements associated
with the waiver, exemption, or pilot
program.’’ (63 FR 67608). FMCSA
included a similar statement when
finalizing its IFR in 2004 (69 FR 51597).
Recently, FMCSA determined that it
now receives a sufficient number of
waiver and exemption requests per year
to require OMB approval.
Title: Waiver and Exemption
Requirements.
OMB Control No.: To be determined
by OMB upon OMB approval of the ICR.
Type of Request: New information
collection.
Respondents: States, State Drivers
Licensing Authorities, individuals, and
motor carriers.
Estimated Number of Respondents:
131 per year.
Estimated Time per Response: 2
minutes to 2 hours.
Expiration Date: This is a new
information collection.
Frequency of Response: On occasion
(respondents are not required to submit
requests for waivers or exemptions).
Estimated Total Annual Burden: 95
burden hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
E:\FR\FM\16AUN1.SGM
16AUN1
]]>Agencies
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45800-45803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17419]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0010]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 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
[[Page 45801]]
these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before September 15, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0010 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0010, 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-2021-0010), 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-2021-0010. 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-2021-0010, 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 regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The seven individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century (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,
[[Page 45802]]
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.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
III. Qualifications of Applicants
Christopher W. Cochran
Mr. Cochran, 37, has had optic atrophy in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, hand
motion. Following an examination in 2021, his optometrist stated, ``In
my medical opinion, the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Cochran
reported that he has driven straight trucks for 5 years, accumulating
13,000 miles. He holds a Class B CDL from Missouri. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Jon C. Dillon
Mr. Dillon, 53, has a macular scar in his left eye due to a
traumatic incident in 1996. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in
2021, his optometrist stated, ``It is my medical opinion that Mr.
Dillion has sufficient vision to perform the driving tests required to
operate a commercial vehicle under guidelines.'' Mr. Dillon reported
that he has driven straight trucks for 28 years, accumulating 14,000
miles, and tractor-trailer combinations for 15 years, accumulating
45,000 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.
David L. Marsh
Mr. Marsh, 59, 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/
70. Following an examination in 2020, his ophthalmologist stated, ``In
my medical opinion, David Marsh has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Marsh
reported that he has driven straight trucks for 39 years, accumulating
136,500 miles, tractor-trailer combinations for 4 years, accumulating
14,000 miles, and buses for 10 years, accumulating 35,000 miles. He
holds a Class A CDL from Washington. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jason A. Melo
Mr. Melo, 36, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/150, and in his left eye, 20/20.
Following an examination in 2020, his optometrist stated, ``In my
medical opinion, Jason has sufficient vision to perform the duties
required to operate a commercial vehicle.'' Mr. Melo reported that he
has driven straight trucks for 6 years, accumulating 117,000 miles. He
holds a Class B CDL from New Hampshire. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Jeffrey S. Rockhill
Mr. Rockhill, 30, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2021, his optometrist
stated, ``Jeff has adequate vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rockhill reported that
he has driven straight trucks for 20 years, accumulating 300,000 miles,
and tractor-trailer combinations for 20 years, accumulating 300,000
miles. He holds a Class A CDL from Kansas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Leonard J. VanVelkinburgh
Mr. VanVelkinburgh, 74, has complete vision loss in his right eye
due to a traumatic incident in childhood. 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, ``I believe that he
has sufficient vision in his left eye to provide the driving tasks
required to operate a commercial vehicle.'' Mr. VanVelkinburgh reported
that he has driven straight trucks for 13 years, accumulating 65,000
miles, and tractor-trailer combinations for 13 years, accumulating
58,500 miles. He holds a Class A CDL from California. His driving
record for the last 3 years shows no crashes, and one citation for
moving violations in a CMV; he exceeded the speed limit by 20 miles per
hour.
Ananias E. Yoder
Mr. Yoder, 27, 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/
150. Following an examination in 2020, his optometrist stated, ``In my
medical opinion, Mr. Yoder has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Yoder reported
that he has driven tractor-trailer combinations for 3 years,
accumulating 150,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date
[[Page 45803]]
indicated under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-17419 Filed 8-13-21; 8:45 am]
BILLING CODE 4910-EX-P
