Federal Register - July 20, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices V. Conditions and Requirements The exemptions are extended subject to the following conditions: 1 Each driver must report any crashes or accidents as defined in 390.5; and 2
report all citations and convictions for disqualifying offenses under 49 CFR 383
and 49 CFR 391 to FMCSA; and 3 each driver prohibited from operating a motorcoach or bus with passengers in interstate commerce. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: 1 The person fails to comply with the terms and conditions of the exemption; 2 the exemption has resulted in a lower level of safety than was maintained before it was granted; or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C.
31136e and 31315b.
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 three exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 391.41b11. In accordance with 49
U.S.C. 31136e and 31315b, each exemption will be valid for two years unless revoked earlier by FMCSA.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202115379 Filed 71921; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
khammond on DSKJM1Z7X2PROD with NOTICES
Docket No. FMCSA20210006
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
SUMMARY:
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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.
DATES: The exemptions were applicable on June 8, 2021. The exemptions expire on June 8, 2023.
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 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, 202 366
9826.
SUPPLEMENTARY INFORMATION:
and requested comments from the public 86 FR 24436. The public comment period ended on June 7, 2021, and two comments were 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.
I. Public Participation
FMCSA received two comments in this proceeding. The Minnesota Department of Public Safety submitted a comment in support of the Agencys decision to grant an exemption to Troy T. Driscoll.
John Fontano submitted a comment requesting assistance related to the vision exemption program. FMCSA has contacted the individual to provide assistance.
A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20210006, 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.
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 May 6, 2021, FMCSA published a notice announcing receipt of applications from seven individuals requesting an exemption from vision requirement in 49 CFR 391.41b10
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III. Discussion of Comments
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 May 6, 2021, Federal Register notice 86 FR 24436
and will not be repeated here.
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