Quiero saber acerca de...

Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules comments, click this NOA, 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., 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.

lotter on DSK11XQN23PROD with PROPOSALS1

C. Privacy Act DOT solicits comments from the public to better inform its rulemaking process, in accordance with 5 U.S.C.
553c. 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
14Federal Docket Management System FDMS, which can be reviewed at www.transportation.gov/privacy.
II. Background FMCSAs mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. FMCSA is authorized by statute to establish minimum physical qualification standards for drivers of CMVs operating in interstate commerce. To ensure the physical qualification of CMV drivers, the Agency has established a vision standard, along with several other physical standards. The current vision standard can be found at 49 CFR
391.41b10.
The Federal Highway Administration, the predecessor agency to FMCSA, adopted the current vision standard April 22, 1970 35 FR 6458. Under this standard, an individual is physically qualified to drive a CMV if the individual 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 degrees 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 49 CFR
391.41b10. This standard has not changed since it became effective on January 1, 1971.
Since 1998, FMCSA has maintained an exemption program for individuals who do not meet certain vision standards. The Agency considers vision exemptions on a case-by-case basis upon application by CMV drivers who
VerDate Sep<11>2014

16:21 Aug 23, 2021

Jkt 253001

do not meet either the distant visual acuity or field of vision standard, or both, of 391.41b10 in one eye. The Agency does not grant exemptions for color blindness.
On January 12, 2021, FMCSA
published an NPRM that proposed an alternative vision standard for individuals unable to meet either the current distant visual acuity or field of vision standard, or both 86 FR 2344.
The comment period on the NPRM
closed on March 15, 2021. The Agency received 69 comments.
III. MRB Task 211
The MRB was established to provide FMCSA with medical advice and recommendations on medical standards and guidelines for the physical qualifications of CMV operators, medical examiner education, and medical research 49 U.S.C.
31149a1. The MRB, in view of its statutory creation and advisory function, is chartered by DOT as an advisory committee under the provisions of the Federal Advisory Committee Act 5 U.S.C. App. See also Announcement of Establishment of the Federal Motor Carrier Safety Administration Medical Review Board 70 FR 57642; Oct. 3, 2005. The members of the MRB are appointed by the Secretary to reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of FMCSA 49 U.S.C. 31149a2.
To assist in the development of a final rule, on May 11, 2021, FMCSA
requested advice from the MRB for the Agency to consider. Specifically, FMCSA asked the MRB to review and analyze all comments from medical professionals and associations, make recommendations regarding the proposed alternative vision standard, and identify factors the Agency should consider regarding next steps in the vision rulemaking. In addition, FMCSA
requested recommendations with respect to whether the information requested from eye specialists on the proposed Vision Evaluation Report provides sufficient information for a medical examiner to make a medical certification determination. The MRB
held a public meeting to discuss MRB
Task 211 on May 19 and 20, 2021. The Agency received the MRBs final report on July 20, 2021. Details of the meeting, including MRB Task 211, the MRB
Task 211 Report, and supporting materials used by the MRB, are posted on the Agencys public website at https www.fmcsa.dot.gov/medicalreview-board-mrb-meeting-topics.

PO 00000

Frm 00038

Fmt 4702

Sfmt 4702

47279

IV. MRB Task 211 Report The MRBs final report is available in the docket in addition to being available on the Agencys public website. The MRB Task 211 Report contains detailed recommendations for FMCSA to consider as it develops a final rule. The Agency believes that public comment on the recommendations will assist it in evaluating the advice it has received from the MRB. Comments must be limited to addressing the recommendations in the MRB Task 21
1 Report. The MRB made the following recommendations in its MRB Task 21
1 Report:
I. Overview A. With respect to the medical aspects of the proposed alternative vision standard only, if the MRB does not make a specific recommendation to change a provision, the MRB concurs with the provision as proposed in the January 2021 NPRM.
B. The MRB recommends that the Agency deemphasize that the alternative vision standard begins with the vision evaluation because the individual may be examined first by the medical examiner.
II. Recommendations for the Regulatory Standards A. The MRB recommends that the current field of vision requirement be changed from 70 degrees to 120 degrees for the alternative vision standard for monocular vision drivers.
B. The MRB agrees that the requirement for sufficient time to adapt to and compensate for the vision deficiency should not be changed in the proposed alternative vision standard. The MRB notes it does not have sufficient data to establish a specific waiting period for an individual who has a new vision deficiency.
III. Recommendations for the Vision Evaluation Report A. The MRB recommends that the physical qualification standards for the alternative vision standard, as set forth in the paragraph below from Task 211 but modified to reflect a field of vision of at least 120 degrees, be added to page 1 in the instructions after FMCSAs definition of monocular vision:
The proposal would provide that, to be physically qualified under the alternative vision standard, the individual must: 1
Have in the better eye distant visual acuity of at least 20/40 Snellen, with or without corrective lenses, and field of vision of at least 120 degrees in the horizontal meridian;
2 be able to recognize the colors of traffic signals and devices showing standard red, green, and amber; 3 have a stable vision deficiency; and 4 have had sufficient time to adapt to and compensate for the vision deficiency.
B. The MRB recommends that the Agency expand the medical opinion in question 12
to require that the individual can drive a CMV safely with the vision condition. The MRB notes that the medical opinion provided by the ophthalmologist or
E:FRFM24AUP1.SGM

24AUP1