Qualification of Drivers; Exemption Applications; Vision, 67112-67115 [2021-25634]
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
BNSF and its predecessors have
operated trackage rights over the Line
since 1951. See Chi., Burlington &
Quincy R.R.—Trackage Rts., FD 17482
(ICC served Dec. 18, 1951).
The transaction may be consummated
on or after December 9, 2021, the
effective date of the exemption (30 days
after the verified notice was filed).
As a condition to this exemption, any
employees affected by the acquisition of
the trackage rights will be protected by
the conditions imposed in Norfolk &
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed by December 2, 2021 (at least
seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
36561, should be filed with the Surface
Transportation Board via e-filing on the
Board’s website. In addition, a copy of
each pleading must be served on BNSF’s
representative, Peter W. Denton, Steptoe
& Johnson LLP, 1330 Connecticut
Avenue NW, Washington, DC 20036.
According to BNSF, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c)(3) and from historic
preservation reporting requirements
under 49 CFR 1105.8(b)(3).
Board decisions and notices are
available at www.stb.gov.
Decided: November 18, 2021.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2021–25686 Filed 11–23–21; 8:45 am]
BILLING CODE 4915–01–P
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TENNESSEE VALLEY AUTHORITY
Agency Information Collection
Activities: Proposed Collection;
Comment Request
AGENCY:
Tennessee Valley Authority.
verified notice. An executed, unredacted version of
the agreement was submitted to the Board under
seal concurrently with a motion for protective
order. That motion is addressed in a separate
decision.
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60-Day notice of submission of
information collection approval and
request for comments.
ACTION:
The proposed information
collection described below will be
submitted to the Office of Management
and Budget (OMB) for review, as
required by the Paperwork Reduction
Act of 1995. The Tennessee Valley
Authority is soliciting public comments
on this proposed collection.
DATES: Comments should be sent to the
Public Information Collection Clearance
Officer no later than January 17, 2022.
ADDRESSES: Requests for information,
including copies of the information
collection proposed and supporting
documentation, should be directed to
the Public Information Collection
Clearance Officer: Jennifer A. Wilds,
Specialist, Records Compliance,
Tennessee Valley Authority, 400 W
Summit Hill Dr., CLK–320, Knoxville,
Tennessee 37902–1401; telephone (865)
632–6580 or by email at pra@tva.gov.
SUPPLEMENTARY INFORMATION:
Type of Request: New collection.
Title of Information Collection:
Distribution Technology Capability
Assessment.
Frequency of Use: Every 2 years.
Type of Affected Public: State, local,
and tribal governments; small
businesses; non-profit organizations.
Small Businesses or Organizations
Affected: Yes.
Federal Budget Functional Category
Code: 455.
Estimated Number of Annual
Responses: 153.
Estimated Total Annual Burden
Hours: 306.
Estimated Average Burden Hours per
Response: 2.0.
Need For and Use of Information: As
the Balancing Authority of the region,
TVA must ensure the electrical grid is
reliable. With the growth of Distributed
Energy Resources (DER) on the
distribution system, TVA and the Local
Power Companies (LPCs) must work in
tighter coordination to ensure the DER
generation does not impact the
reliability of the bulk electric system. To
support this goal, TVA must understand
the current distribution capabilities of
the LPCs. Examples of capabilities
include but are not limited to customer
analytics, advanced asset management,
advanced AMI, automated switching,
DER monitoring & control, grid planning
and voltage optimization. To ease access
and completion, information will be
submitted online. Once collected, the
information will be reviewed by TVA
staff and consultants to determine each
LPC’s state of and plan for system
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modernization and will inform strategic
investment roadmaps and
implementation plans that are being
developed as part of the Regional Grid
Transformation initiative. Summary
level information will be provided to
the participating LPCs to allow them to
gauge where they stand in terms of their
technical capabilities compared to their
peers which could help give them
useful information that informs their
individual priorities and investment
plans.
Rebecca L. Coffey,
Agency Records Officer.
[FR Doc. 2021–25664 Filed 11–23–21; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0014]
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 11 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 December 27, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0014 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0014, 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
SUMMARY:
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
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.
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.
FOR FURTHER INFORMATION CONTACT:
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–2021–0014),
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=FMCSA2021-0014. 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.
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B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0014, 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
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 11 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
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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.
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
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
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Travis Crosson
Mr. Crosson, 44, has had a rential
detachment 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, light perception. Following
an examination in 2021, his optometrist
stated, ‘‘It is my medical opinion that
Travis has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Crosson
reported that he has driven straight
trucks for 15 years, accumulating
144,000 miles, and tractor-trailer
combinations for 18 years, accumulating
388,000 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.
George M. Hapchuk
Mr. Hapchuk, 67, has had extropia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an
examination in 2021, his optometrist
stated, ‘‘It is my impression that Mr.
Hapchuk has adequate vision and
peripheral vision to perform the tasks
needed to operate a commercial
vehicle.’’ Mr. Hapchuk reported that he
has driven straight trucks for 49 years,
accumulating 1.715 million miles. He
holds a Class BM CDL from
Pennsylvania. His driving record for the
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last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Gerald E. Hartman
Mr. Hartman, 55, has anterior
synechiae in his right eye due to a
traumatic incident in 1980. The visual
acuity in his right eye is hand motion,
and in his left eye, 20/25. Following an
examination in 2021, his optometrist
stated, ‘‘Decreased vision OD is due to
long standing injury (approximately 40
years) and in my opinion should not
affect his ability to safely operate a
commercial vehicle.’’ Mr. Hartman
reported that he has driven straight
trucks for 15 years, accumulating
702,000 miles. He holds an operator’s
license from Oklahoma. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Derek E. Haynes
Mr. Haynes, 51, has a prosthesis in his
left eye due to a traumatic incident in
1988. The visual acuity in his right eye
is 20/20, and in his left eye, no light
perception. Following an examination
in 2021, his optometrist stated, ‘‘Based
on these findings, I feel Derek E. Haynes
has the visual abilities to continue
operating a commercial motor vehicle in
interstate commerce because of the loss
of vision in his left eye occurred in 1988
and he has normal vision in his right
eye.’’ Mr. Haynes reported that he has
driven straight trucks for 17 years,
accumulating 1.02 million miles, and
tractor-trailer combinations for 7 years,
accumulating 420,000 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.
Dale O. Hoover
Mr. Hoover, 26, has had a macular
retinal detachment in his left eye since
2016. The visual acuity in his right eye
is 20/15, and in his left eye, 20/400.
Following an examination in 2021, his
optometrist stated, ‘‘In my medical
opinion, Mr. Hoover has sufficient
vision to perform the driving tasks to
operate a commercial vehicle.’’ Mr.
Hoover reported that he has driven
tractor-trailer combinations for 7 years,
accumulating 350,000 miles. He holds a
Class A CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Michael R. Jackson
Mr. Jackson, 56, has corneal scarring
in his left eye due to a traumatic
incident in childhood. The visual acuity
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in his right eye is 20/20, and in his left
eye, 20/400. Following an examination
in 2021, his optometrist stated, ‘‘Mr.
Jackson’s condition is likely to remain
stable with insignificant change and I
believe he has the ability and sufficient
vision to perform driving tasks required
to operate a commercial vehicle.’’ Mr.
Jackson reported that he has driven
straight trucks for 3 years, accumulating
300,000 miles. He holds an operator’s
license from Oklahoma. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Silvian N. Jones
Mr. Jones, 51, has complete vision
loss in his left eye due to a traumatic
incident in 2016. The visual acuity in
his right eye is 20/25, and in his left eye,
no light perception. Following an
examination in 2021, his
ophthalmologist stated, ‘‘I, Jeffrey Hart,
MD certify that in my medical opinion
Silvian N. Jones has sufficient vision to
perform the driving tasks required to
operate a commercial motor vehicle
(CWW) [sic].’’ Mr. Jones reported that he
has driven tractor-trailer combinations
for 18 years, accumulating 900,000
miles. He holds a Class A CDL from
Nevada. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Mark S. Phillips
Mr. Phillips, 51, has had macular
degeneration in his left eye related to
age since 2017. The visual acuity in his
right eye is 20/20, and in his left eye,
20/60. Following an examination in
2021, his optometrist stated, ‘‘I certify
that in my medical opinion, this patient
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Phillips
reported that he has driven straight
trucks for 16 years, accumulating
464,000 miles, and tractor-trailer
combinations for 6 years, accumulating
540,000 miles. He holds a Class AM
CDL from Illinois. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jessie W. Shearer
Mr. Shearer, 31, has a cataract in his
left eye due to a traumatic incident in
2008. The visual acuity in his right eye
is 20/20, and in his left eye, 20/70.
Following an examination in 2021, his
optometrist stated, ‘‘I, Bryce Peek OD,
certify that Jessie Shearer has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Shearer reported that he
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
has driven straight trucks for 5 years,
accumulating 75,000 miles and tractortrailer combinations for 5 years,
accumulating 90,000 miles. He holds a
Class A CDL license from West Virginia.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Ryan K. Terrill
Mr. Terrill, 34, has a retinal
detachment in his right eye due to a
traumatic incident in 2010. The visual
acuity in his right eye is no light
perception, and in his left eye, 20/20.
Following an examination in 2021, his
optometrist stated, ‘‘In my medical
opinion, Ryan Terrill has sufficient
vision to perform the driving tasks
required to operate a commercial motor
vehicle.’’ Mr. Terrill reported that he
has driven straight trucks for 13 years,
accumulating 2,600 miles. He holds an
operator’s license from Vermont. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Darrin Wilson
Mr. Wilson, 55, has amblyopia in his
right eye due to degenerative myopia
during childhood. The visual acuity in
his right eye is counting fingers, and in
his left eye, 20/20. Following an
examination in 2021, his optometrist
stated, ‘‘He demonstrates sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Wilson reported that he
has driven straight trucks for 8 years,
accumulating 70,844 miles. He holds a
Class B CDL from Washington. 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.
IV. Request for Comments
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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. 2021–25634 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2021–0014]
Request for Information on Title VI
Implementation
Federal Transit Administration,
United States Department of
Transportation (DOT).
ACTION: Notice of extension of comment
period.
AGENCY:
The Federal Transit
Administration (FTA) is extending the
comment period for the request for
information (RFI) regarding FTA’s Title
VI implementation, which was
published on November 3, 2021, with
the original comment period closing on
December 3, 2021.
DATES: Comments are requested by
January 3, 2022.
ADDRESSES: You may file comments
identified by docket number FTA–
2021–0014 by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9:00
a.m. and 5:00 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: (202) 493–2251.
Instructions: To ensure that your
comments are filed correctly, please
include the docket number provided
[FTA–2021–0014] in your comments. If
submitting via mail, hand delivery, or
courier, please provide two printed
copies. Comments received may be read
at the Docket Management Facility, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001. The hours
of the docket are indicated above in the
same location. Comments may also be
viewed on the internet, identified by the
docket number at the heading of this
notice, at www.regulations.gov. Note
that all comments received will be
posted without change to
www.regulations.gov, including any
personal information provided.
Privacy Act: Except as provided
below, all comments received into the
docket will be made public in their
entirety. The comments will be
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67115
searchable by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You should not include
information in your comment that you
do not want to be made public. You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or at
www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Richie Nguyen, FTA Office of Civil
Rights, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366–2689
or richie.nguyen@dot.gov.
SUPPLEMENTARY INFORMATION: In a letter
submitted to the docket dated November
18, 2021, the American Public
Transportation Association (APTA), on
behalf of more than 1,300 member
organizations, requested a 30-day
extension of the comment period
seeking input on Title VI
implementation published in the
Federal Register on November 3, 2021
(86 FR 60735). As justification for this
extension, APTA cited the upcoming
holidays, increased grant activity with
the recent signing of the recent
infrastructure law, and ongoing
responses to the COVID–19 pandemic as
pulling transit systems in many
directions. APTA believes an extension
of time would facilitate its members’
ability to formulate thoughtful and
proactive comments responsive to
FTA’s request for information.
Given the importance of Title VI
implementation and the desire for a
robust dialogue on a possible update of
FTA’s Title VI Circular, FTA believes an
extension of time is justified, and an
additional 30 days in which to submit
comments is adequate. FTA is not
republishing the Questions to the Public
in this document. Instead, please refer
to the November 3, 2021 RFI (86 FR
60735) to view the original questions
regarding Title VI implementation.
Scott Giering,
Deputy Associate Administrator for Civil
Rights.
[FR Doc. 2021–25706 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF ENERGY
[Docket No. FHWA–2021–0015]
Buy America Request for Information
U.S. Department of
Transportation (DOT), U.S. Department
of Energy. (DOE).
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67112-67115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25634]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0014]
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 11 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 December 27, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0014 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0014, 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
[[Page 67113]]
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-2021-0014), 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-2021-0014. 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-2021-0014, 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 11 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.
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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
[[Page 67114]]
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
Travis Crosson
Mr. Crosson, 44, has had a rential detachment 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, light perception. Following an examination
in 2021, his optometrist stated, ``It is my medical opinion that Travis
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Crosson reported that he has driven
straight trucks for 15 years, accumulating 144,000 miles, and tractor-
trailer combinations for 18 years, accumulating 388,000 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.
George M. Hapchuk
Mr. Hapchuk, 67, has had extropia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2021, his optometrist stated, ``It is
my impression that Mr. Hapchuk has adequate vision and peripheral
vision to perform the tasks needed to operate a commercial vehicle.''
Mr. Hapchuk reported that he has driven straight trucks for 49 years,
accumulating 1.715 million miles. He holds a Class BM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Gerald E. Hartman
Mr. Hartman, 55, has anterior synechiae in his right eye due to a
traumatic incident in 1980. The visual acuity in his right eye is hand
motion, and in his left eye, 20/25. Following an examination in 2021,
his optometrist stated, ``Decreased vision OD is due to long standing
injury (approximately 40 years) and in my opinion should not affect his
ability to safely operate a commercial vehicle.'' Mr. Hartman reported
that he has driven straight trucks for 15 years, accumulating 702,000
miles. He holds an operator's license from Oklahoma. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Derek E. Haynes
Mr. Haynes, 51, has a prosthesis in his left eye due to a traumatic
incident in 1988. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2021,
his optometrist stated, ``Based on these findings, I feel Derek E.
Haynes has the visual abilities to continue operating a commercial
motor vehicle in interstate commerce because of the loss of vision in
his left eye occurred in 1988 and he has normal vision in his right
eye.'' Mr. Haynes reported that he has driven straight trucks for 17
years, accumulating 1.02 million miles, and tractor-trailer
combinations for 7 years, accumulating 420,000 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.
Dale O. Hoover
Mr. Hoover, 26, has had a macular retinal detachment in his left
eye since 2016. The visual acuity in his right eye is 20/15, and in his
left eye, 20/400. Following an examination in 2021, his optometrist
stated, ``In my medical opinion, Mr. Hoover has sufficient vision to
perform the driving tasks to operate a commercial vehicle.'' Mr. Hoover
reported that he has driven tractor-trailer combinations for 7 years,
accumulating 350,000 miles. He holds a Class A CDL from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Michael R. Jackson
Mr. Jackson, 56, has corneal scarring in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2021,
his optometrist stated, ``Mr. Jackson's condition is likely to remain
stable with insignificant change and I believe he has the ability and
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Jackson reported that he has driven straight
trucks for 3 years, accumulating 300,000 miles. He holds an operator's
license from Oklahoma. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Silvian N. Jones
Mr. Jones, 51, has complete vision loss in his left eye due to a
traumatic incident in 2016. The visual acuity in his right eye is 20/
25, and in his left eye, no light perception. Following an examination
in 2021, his ophthalmologist stated, ``I, Jeffrey Hart, MD certify that
in my medical opinion Silvian N. Jones has sufficient vision to perform
the driving tasks required to operate a commercial motor vehicle (CWW)
[sic].'' Mr. Jones reported that he has driven tractor-trailer
combinations for 18 years, accumulating 900,000 miles. He holds a Class
A CDL from Nevada. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Mark S. Phillips
Mr. Phillips, 51, has had macular degeneration in his left eye
related to age since 2017. The visual acuity in his right eye is 20/20,
and in his left eye, 20/60. Following an examination in 2021, his
optometrist stated, ``I certify that in my medical opinion, this
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Phillips reported that he has
driven straight trucks for 16 years, accumulating 464,000 miles, and
tractor-trailer combinations for 6 years, accumulating 540,000 miles.
He holds a Class AM CDL from Illinois. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Jessie W. Shearer
Mr. Shearer, 31, has a cataract in his left eye due to a traumatic
incident in 2008. The visual acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an examination in 2021, his optometrist
stated, ``I, Bryce Peek OD, certify that Jessie Shearer has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Shearer reported that he
[[Page 67115]]
has driven straight trucks for 5 years, accumulating 75,000 miles and
tractor-trailer combinations for 5 years, accumulating 90,000 miles. He
holds a Class A CDL license from West Virginia. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Ryan K. Terrill
Mr. Terrill, 34, has a retinal detachment in his right eye due to a
traumatic incident in 2010. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2021, his optometrist stated, ``In my medical opinion, Ryan Terrill
has sufficient vision to perform the driving tasks required to operate
a commercial motor vehicle.'' Mr. Terrill reported that he has driven
straight trucks for 13 years, accumulating 2,600 miles. He holds an
operator's license from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Darrin Wilson
Mr. Wilson, 55, has amblyopia in his right eye due to degenerative
myopia during childhood. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2021,
his optometrist stated, ``He demonstrates sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Wilson reported that he has driven straight trucks for 8 years,
accumulating 70,844 miles. He holds a Class B CDL from Washington. 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.
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. 2021-25634 Filed 11-23-21; 8:45 am]
BILLING CODE 4910-EX-P
