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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES

FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The seven exemption applicants listed in this notice are in this category.
They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, chorioretinal scarring, iris coloboma, and prosthesis. In most cases, their eye conditions did not develop recently. All of the applicants were either born with their vision impairments or have had them since childhood. Although each applicant has one eye that does not meet the vision requirement in 391.41b10, each has at least 20/40
corrected vision in the other eye, and, in a doctors opinion, has sufficient vision to perform all the tasks necessary to operate a CMV.
Doctors opinions are supported by the applicants possession of a valid license to operate a CMV. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV with their limited vision in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. We believe that the applicants intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between
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them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions.
The applicants in this notice have driven CMVs with their limited vision in careers ranging for 3 to 42 years. In the past 3 years, one driver was involved in a crash, and two drivers were convicted of moving violations in CMVs. All the applicants achieved a record of safety while driving with their vision impairment that demonstrates the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future.
Consequently, FMCSA finds that in each case exempting these applicants from the vision requirement in 391.41b10 is likely to achieve a level of safety equal to that existing without the exemption.
V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: 1 Each driver must be physically examined every year a by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 391.41b10 and b by a certified medical examiner ME who attests that the individual is otherwise physically qualified under 391.41; 2
each driver must provide a copy of the ophthalmologists or optometrists report to the ME at the time of the annual medical examination; and 3
each driver must provide a copy of the annual medical certification to the employer for retention in the drivers
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qualification file, or keep a copy in his/
her drivers qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official.
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 upon its evaluation of the seven exemption applications, FMCSA
exempts the following drivers from the vision requirement, 391.41b10, subject to the requirements cited above:
Ned Adkins GA
Troy T. Driscoll MN
William G. Gamble IN
Viktor V. Goluda SC
Mark Patricola NJ
William C. Pinson TX
Faron D. Seaman TX
In accordance with 49 U.S.C. 31136e and 31315b, each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: 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 prior to being granted;
or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136e and 31315b.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202115377 Filed 71921; 8:45 am BILLING CODE 4910EXP

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