Qualification of Drivers; Exemption Applications; Vision, 50424-50426 [2021-19471]

Download as PDF 50424 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices Issued in Washington, DC, on September 2, 2021. Sheri Martin, Management and Program Analyst, FAA, Safety Standards, AFS–200 Division. [FR Doc. 2021–19360 Filed 9–7–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0011] I. Public Participation Qualification of Drivers; Exemption Applications; Vision A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2021–0011), 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=FMCSA2021-0011. 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. 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 six 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 October 8, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2021–0011 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2021–0011, 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. SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES 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: FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:21 Sep 07, 2021 Jkt 253001 B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0011, 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 2year period to align with the maximum duration of a driver’s medical certification. The six 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 E:\FR\FM\08SEN1.SGM 08SEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 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 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 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 17:21 Sep 07, 2021 Jkt 253001 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 Jason R. Flodin Mr. Flodin, 47, has amblyopia 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, 20/400. Following an examination in 2021, his optometrist stated, ‘‘In my medical opinion, Jason is [sic] has sufficient vision to perform driving tasks required to operate a commercial vehice.’’ Mr. Flodin reported that he has driven straight trucks for 30 years, accumulating 210,000 miles, and tractor-trailer combinations for 14 years, accumulating 14,000 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. Justin W. Green Mr. Green, 38, has had a retinal detachment in his left eye due to a traumatic incident in 2009. The visual acuity in his right eye is 20/15, and in his left eye, light perception. Following an examination in 2021, his optometrist stated, ‘‘It is my professional opinion that Mr. Green meets the visual requirements to operate a commercial motor vehicle.’’ Mr. Green reported that he has driven straight trucks for 18 years, accumulating 216,000 miles, and tractor-trailer combinations for 4 years, accumulating 400,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joshua L. Kupsch Mr. Kupsch, 31, has a retinal hermorrhage in his right eye due to a traumatic incident in 2017. The visual acuity in his right eye is counting fingers, and in his left eye, 20/15. Following an examination in 2021, his ophthalmologist stated, ‘‘It is my opinion that his current level of vision, PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 50425 being very stable, should be sufficient for commercial driving.’’ Mr. Kupsch reported that he has driven straight trucks for 6 years, accumulating 162,000 miles. He holds a Class ABCDM CDL from Wisconsin. His driving record for the last 3 years shows one crash in a CMV, for which he was cited, and no convictions for moving violations in a CMV. Josue M. Rodriguez-Espinoza Mr. Rodriguez-Espinoza, 30, has had refractive amblyopia in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2021, his ophthalmologist stated, ‘‘I feel that Mr. Rodriguez would have no problem performing the tasks required to appropriately operate a commercial vehicle despite the poor vision in his right eye.’’ Mr. Rodriguez-Espinoza reported that he has driven straight trucks for 8 years, accumulating 80,000 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dana R. Williams Mr. Williams, 30, has complete loss of vision in his right eye due to a traumatic incident in 2009. 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, ‘‘In my medical opinion Dana Williams have [sic] sufficient vision to operate a commercial vehicle safely.’’ Mr. Williams reported that he has driven straight trucks for 5 years, accumulating 125,000 miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Larry L. Yow Mr. Yow, 65, 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 2021, his ophthalmologist stated, ‘‘In my professional opinion, the patient has sufficient correctable vision to [sic] ability to perform driving tasks required to operate a commercial motor vehicle.’’ Mr. Yow reported that he has driven tractor-trailer combinations for 12 years, accumulating 1.08 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no E:\FR\FM\08SEN1.SGM 08SEN1 50426 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices convictions for moving violations in a CMV. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–19471 Filed 9–7–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0140] Entry-Level Driver Training: Application for Exemption; Oak Harbor Freight Lines, Inc. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that Oak Harbor Freight Lines, Inc., (Oak Harbor) has applied for an exemption from the qualification requirements pertaining to entry-level driver training (ELDT) theory instructors, as set forth in the definition of ‘‘theory instructor’’. Oak Harbor requests the exemption so that the company’s safety supervisor, Mr. Jeff McLaughlin, will be able to conduct classroom (theory) training for entrylevel drivers who intend to operate commercial motor vehicles (CMV) used in the transportation of hazardous materials (HM). The company states the exemption is warranted due to Mr. McLaughlin’s experience and expertise related to the transportation of HM. Oak Harbor also states that the road portion of the training would be completed by behind-the-wheel (BTW) instructors that meet the ELDT requirements. DATES: Comments must be received on or before October 8, 2021. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2021–0140 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:21 Sep 07, 2021 Jkt 253001 Mail: Docket Management Facility, 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: Docket Operations, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 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. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice (FMCSA–2021–0140). Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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. 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.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; (202–366–4225); MCPSD@ dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2021–0140), indicate the specific section of this document to which the comment applies, and PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 provide a reason for suggestions or recommendations. 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 the Agency can contact you if it has questions regarding your submission. To submit your comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2021–0140’’ in the ‘‘Search’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Documents’’ button, then click ‘‘Comment’’ button associated with the latest notice posted. Another screen will appear, insert the required information. Choose whether you are submitting your comment as an individual, an organization, or anonymous. Click ‘‘Submit Comment.’’ 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. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period (up to 5 years) and explain the terms and conditions of the E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50424-50426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19471]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0011]


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 six 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 October 8, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2021-0011 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0011, 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-2021-0011), 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-2021-0011. 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-2021-0011, 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 six 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

[[Page 50425]]

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.

III. Qualifications of Applicants

Jason R. Flodin

    Mr. Flodin, 47, has amblyopia 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, 20/400. Following an examination in 2021, his 
optometrist stated, ``In my medical opinion, Jason is [sic] has 
sufficient vision to perform driving tasks required to operate a 
commercial vehice.'' Mr. Flodin reported that he has driven straight 
trucks for 30 years, accumulating 210,000 miles, and tractor-trailer 
combinations for 14 years, accumulating 14,000 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.

Justin W. Green

    Mr. Green, 38, has had a retinal detachment in his left eye due to 
a traumatic incident in 2009. The visual acuity in his right eye is 20/
15, and in his left eye, light perception. Following an examination in 
2021, his optometrist stated, ``It is my professional opinion that Mr. 
Green meets the visual requirements to operate a commercial motor 
vehicle.'' Mr. Green reported that he has driven straight trucks for 18 
years, accumulating 216,000 miles, and tractor-trailer combinations for 
4 years, accumulating 400,000 miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Joshua L. Kupsch

    Mr. Kupsch, 31, has a retinal hermorrhage in his right eye due to a 
traumatic incident in 2017. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/15. Following an examination 
in 2021, his ophthalmologist stated, ``It is my opinion that his 
current level of vision, being very stable, should be sufficient for 
commercial driving.'' Mr. Kupsch reported that he has driven straight 
trucks for 6 years, accumulating 162,000 miles. He holds a Class ABCDM 
CDL from Wisconsin. His driving record for the last 3 years shows one 
crash in a CMV, for which he was cited, and no convictions for moving 
violations in a CMV.

Josue M. Rodriguez-Espinoza

    Mr. Rodriguez-Espinoza, 30, has had refractive amblyopia in his 
right eye since birth. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2021, 
his ophthalmologist stated, ``I feel that Mr. Rodriguez would have no 
problem performing the tasks required to appropriately operate a 
commercial vehicle despite the poor vision in his right eye.'' Mr. 
Rodriguez-Espinoza reported that he has driven straight trucks for 8 
years, accumulating 80,000 miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Dana R. Williams

    Mr. Williams, 30, has complete loss of vision in his right eye due 
to a traumatic incident in 2009. 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, ``In my medical 
opinion Dana Williams have [sic] sufficient vision to operate a 
commercial vehicle safely.'' Mr. Williams reported that he has driven 
straight trucks for 5 years, accumulating 125,000 miles. He holds a 
Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Larry L. Yow

    Mr. Yow, 65, 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 2021, his ophthalmologist stated, ``In my 
professional opinion, the patient has sufficient correctable vision to 
[sic] ability to perform driving tasks required to operate a commercial 
motor vehicle.'' Mr. Yow reported that he has driven tractor-trailer 
combinations for 12 years, accumulating 1.08 million miles. He holds a 
Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no

[[Page 50426]]

convictions for moving violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments and material 
received before the close of business on the closing date indicated 
under the DATES section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-19471 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-EX-P
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