Qualification of Drivers; Exemption Applications; Vision

CourtFederal Motor Carrier Safety Administration
Citation86 FR 67581
Publication Date26 November 2021
Record Number2021-25726
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
By fax: 412–239–3063.
Sandra Ray by email at: Sandra.ray@
faa.gov; phone: 412–329–3088.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0007.
Title: Flight Engineers and Flight
Form Numbers: 8400–3.
Type of Review: Renewal of an
information collection.
Background: The information
collection is necessary to determine
applicant eligibility for flight engineer
or flight navigator certificates. This
collection is also necessary to determine
training course acceptability for those
schools training flight engineers or
navigators. FAA Form 8400.3,
Application for an Airman Certificate
and/or Rating, (for flight engineer and
flight navigator) and applications for
approval of related training courses are
available online and are submitted to
FAA for evaluation. The information is
reviewed to determine applicant
eligibility and compliance with
prescribed provisions of Title 14 CFR
part 63, Certification: Flight
Crewmembers Other Than Pilots. Form
8400–3 is multiple-use form also used
for control tower operators and aircraft
Respondents: Airman Applicants and
Training Schools.
Frequency: As needed.
Estimated Average Burden per
Response: Varies per Requirement.
Estimated Total Annual Burden: 268
Issued in Washington, DC, on November
22, 2021.
Sandra L. Ray,
Aviation Safety Inspector. AFS–260
[FR Doc. 2021–25763 Filed 11–24–21; 8:45 am]
Federal Motor Carrier Safety
[Docket No. FMCSA–2021–0010]
Qualification of Drivers; Exemption
Applications; Vision
: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
: Notice of final disposition.
: FMCSA announces its
decision to exempt six 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.
: The exemptions were applicable
on September 16, 2021. The exemptions
expire on September 16, 2023.
: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, DOT,
1200 New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–0001.
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–
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0010, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (Newer-
Older),’’ 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 W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, 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) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
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
II. Background
On August 16, 2021, FMCSA
published a notice announcing receipt
of applications from seven individuals
requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10)
and requested comments from the
public (86 FR 45800). The public
comment period ended on September
15, 2021, and one comment was
FMCSA has evaluated the eligibility
of these applicants and determined that
granting the exemptions to six of these
individuals would achieve a level of
safety equivalent to, or greater than, the
level that would be achieved by
complying with § 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in
§ 391.41(b)(10) 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. The Minnesota Department
of Public Safety submitted a comment
pertaining to the qualifications of Mr.
Dillon. FMCSA contacted State
representatives for Minnesota to request
additional information regarding the
submitted comment. Based on the
information provided, FMCSA has
determined that Mr. Dillon is not
eligible for a vision exemption at this
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), 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
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
period. FMCSA grants medical
exemptions from the FMCSRs for a 2-
year period to align with the maximum
duration of a driver’s medical
The Agency’s 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 August 16,
2021, Federal Register notice (86 FR
45800) 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 six 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, complete
loss of vision, and optic atrophy. In all
cases, their eye conditions did not
develop recently. All of the applicants
were either born with their vision
impairments or have had them since
childhood. Although each applicant has
one eye that does not meet the vision
requirement in § 391.41(b)(10), each has
at least 20/40 corrected vision in the
other eye, and, in a doctor’s 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 from 3 to 53 years. In
the past 3 years, no drivers were
involved in crashes, and one driver was
convicted of a moving violation in a
CMV. 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
§ 391.41(b)(10) 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 § 391.41(b)(10) 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
ophthalmologist’s or optometrist’s
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 driver’s
qualification file, or keep a copy in his/
her driver’s 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
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the six
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, § 391.41(b)(10),
subject to the requirements cited above:
Christopher W. Cochran (MO)
David L. Marsh (WA)
Jason A. Melo (NH)
Jeffrey S. Rockhill (KS)
Leonard J. VanVelkinburgh (CA)
Ananias E. Yoder (IA)
In accordance with 49 U.S.C. 31136(e)
and 31315(b), 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. 31136(e) and
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–25726 Filed 11–24–21; 8:45 am]
Federal Railroad Administration
[Docket No. FRA–2021–0100]
Draft General Conformity
Determination for the California High-
Speed Rail System San Jose to Merced
: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
: Notice; request for comment.
: FRA is issuing this notice to
advise the public that a draft General
Conformity Determination for the San
Jose to Merced Section of the California
High-Speed Rail (HSR) System is
available for public and agency review
and comment.
: Comments must be received on
or before December 27, 2021.
: Comments related to Docket
No. FRA–2021–0100 may be submitted
by going to http://www.regulations.gov
and following the online instructions for
submitting comments.
Instructions: All submissions must
include the agency name and docket
number (FRA–2021–0100). All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information. Please see the
Privacy Act Statement heading in the
section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read the draft General Conformity
Determination, background documents,
or comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
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