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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 TEA21, Public Law 105178, 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 391.41b10.
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 Administrations 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 factorssuch as age, sex, geographic location, mileage driven and conviction historyare 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.

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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,
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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
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