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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Notices
DATES:

The exemptions were applicable on November 19, 2021. The exemptions expire on November 19, 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:

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
III. Discussion of Comments FMCSA received no comments in this proceeding.

A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20210012, 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 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.

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II. Background On October 19, 2021, FMCSA
published a notice announcing receipt of applications from eight individuals requesting an exemption from vision requirement in 49 CFR 391.41b10
and requested comments from the public 86 FR 57887. The public comment period ended on November 18, 2021, and no 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
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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 October 19, 2021, Federal Register notice 86 FR
57887 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 eight 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, macular scar, prosthesis, 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 three individuals that developed their vision conditions as adults have had them for a range of 11 to 21 years. Although each applicant
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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 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 68 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
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