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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices level that would be achieved by complying with 391.41b10.
The physical qualification standard for drivers regarding vision found in 391.41b10 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 a 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 red, green, and amber.

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III. Discussion of Comments FMCSA received three comments in this proceeding. The Minnesota Department of Public Safety submitted a comment in support of the Agencys decision to grant an exemption to Karl C. Christenson. Mike Altman and Kyle McKee submitted comments that are outside of the scope of this notice.
IV. Basis for Exemption Determination Under 49 U.S.C. 31136e and 31315b, 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 drivers medical certification.
The Agencys decision regarding these exemption applications is based on medical reports about the applicants vision, as well as their driving records and experience driving with the vision deficiency. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the July 19, 2021, Federal Register notice 86 FR 38180
and will not be repeated here.
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 eight 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, corneal scarring, prosthesis, refractive amblyopia, and retinal detachment. In most cases, their eye conditions did not
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develop recently. Five of the applicants were either born with their vision impairments or have had them since childhood. The three individuals that developed their vision conditions as adults have had them for a range of 3
to 8 years. 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 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 5 to 57 years. In the past 3 years, one driver was involved in a crash, and three 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.

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 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.

V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document
Larry W. Minor, Associate Administrator for Policy.

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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 eight exemption applications, FMCSA
exempts the following drivers from the vision requirement, 391.41b10, subject to the requirements cited above:
Karl C. Christenson MN
James G. Cothren GA
Gregory C. Grubb KY
Ernest Herrera TX
Leonard G. Hill OH
Saul Quintero IN
Mersad Redzovic TX
Tyler J. Worthen PA
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.

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