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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Notices
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. 202105364 Filed 31521; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20200015

Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its decision to exempt seven individuals from the vision requirement in the Federal Motor Carrier Safety Regulations FMCSRs to operate a commercial motor vehicle CMV in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

SUMMARY:

The exemptions were applicable on February 5, 2021. The exemptions expire on February 5, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Room W64224, Washington, DC 205900001. Office hours are from 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:

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DATES:

I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as
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being available in the docket, go to www.regulations.gov/
docket?D=FMCSA20200015 and choose the document to review. 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.
B. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its rulemaking 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 On January 7, 2021, FMCSA
published a notice announcing receipt of applications from seven individuals requesting an exemption from vision requirement in 49 CFR 391.41b10
and requested comments from the public 86 FR 695. The public comment period ended on February 5, 2021, and one comment was received.
FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the 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.
III. Discussion of Comments FMCSA received one comment in this proceeding. Tracy Ibinger submitted a comment stating that the Minnesota Department of Public Safety has no objections to the decision to grant an exemption to Burl V. Ingebretsen.

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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 January 7, 2021, Federal Register notice 86 FR
695 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 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, corneal scarring, ectopia lentis, optic nerve hypoplasia, and retinal detachment. In most cases, their eye conditions did not develop recently. Five of the applicants were either born with their vision impairments or have had them since childhood. The two individuals that developed their vision conditions as adults have had them for a range of 3
to 4 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
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