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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Notices
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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 3 to 92 years. In the past 3 years, no drivers were involved in crashes, and no 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.
V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document 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.
VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this
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exemption with respect to a person operating under the exemption.
VII. Conclusion Based upon its evaluation of the seven exemption applications, FMCSA
exempts the following drivers from the vision requirement, 391.41b10, subject to the requirements cited above:
Johnny J. Brown MS
Gordon L. Hendricks TX
Justin T. Hoben IL
Burl V. Ingebretsen MN
Weldon D. Rudder OK
Patrick W. Sargent MT
John F. Skrobarczyk TX
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.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202105366 Filed 31521; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Docket Number FRA20080135

Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations CFR, this document provides the public notice that on February 22, 2021, the Port Authority Trans-Hudson Corporation PATH petitioned the Federal Railroad Administration FRA for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 229, Railroad Locomotive Safety Standards. FRA assigned the petition Docket Number FRA20080135.
Specifically, PATH requests continued relief from 49 CFR 229.123, Pilots, snowplows, end plates, which requires lead locomotives to be equipped with a pilot, snowplow, or end plate that extends across both rails.
PATH further requests that the relief be effective for the life of the current PATH
PA5 fleet, noting that a waiver of this same regulation covering the prior fleet of PATH cars, as well as the current PA
5 fleet, has been in effect for over 31

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years. PATH states the installation of such a device to deflect foreign objects from the running rail could possibly cause such an object to be deflected into the power rail, potentially causing power outages or damage due to electrical arcing. PATH also explains the addition of a pilot would interfere with the transponder interrogator antennas that are currently installed as part of the Communications Based Train Control system.
A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov.
Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request.
All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods:
Website: http
www.regulations.gov. Follow the online instructions for submitting comments.
Fax: 2024932251.
Mail: Docket Operations Facility, U.S. Department of Transportation DOT, 1200 New Jersey Ave. SE, W12
140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Communications received by April 30, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be considered if practicable.
Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment or signing the document, if submitted on behalf of an association, business, labor union, etc..
Under 5 U.S.C. 553c, DOT solicits comments from the public to better inform its processes. 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/ALL14 FDMS, which can be reviewed at https
www.transportation.gov/privacy. See
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