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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.
DATES: Comments must be received on or before September 15, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket Management System FDMS Docket No.
FMCSA20210010 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA20210010, 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 W12140, Washington, DC 205900001.
Hand Delivery: West Building Ground Floor, Room W12140, 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: 202 4932251.
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 3664001, fmcsamedical@dot.gov, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64224, Washington, DC 205900001.
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 3669826.
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. FMCSA20210010, 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
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are questions regarding your submission.
To submit your comment online, go to www.regulations.gov/docket?D=FMCSA2021-0010. 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 812 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, FMCSA20210010, 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 W12140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 205900001, 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 3669317 or 202 366
9826 before visiting Dockets Operations.
C. Privacy Act In accordance with 5 U.S.C. 553c, 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. 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
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exemptions from the FMCSRs for a 2year period to align with the maximum duration of a drivers medical certification.
The seven individuals listed in this notice have requested an exemption from the vision requirement in 49 CFR
391.41b10. 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 391.41b10 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 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 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,
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