16544 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 

and zip code; date and place of birth; 

notarized signature or statement under 

penalty of perjury; a brief description of 

the circumstances that caused the 

creation of the record (including the city 

and/or country and the approximate 

dates) which gives the individual cause 

to believe that the Risk Analysis and 

Management Records include records 

pertaining to the individual. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

To the extent applicable, because this 

system contains information related to 

the government’s national security 

programs, records in this system may be 

exempt from any part of 5 U.S.C. 552a 

except subsections (b), (c)(1) and (2), 

(e)(4)(A) through (F), (e)(6),(7), (9), (10), 

and (11) if the records in the system are 

subject to the exemption found in 5 

U.S.C. 552a(j). To the extent applicable, 

records in this system may be exempt 

from subsections (c)(3), (d), (e)(1), 

(e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a 

if the records in the system are subject 

to the exemption found in 5 U.S.C. 

552a(k). Any other exempt records from 

other systems of records that are 

recompiled into this system are also 

considered exempt to the extent they are 

claimed as such in the original systems. 

HISTORY: 

Previously published at 76 FR 76215. 

Eric F. Stein, 

Deputy Assistant Secretary, Bureau of 

Administration, Global Information Services, 

US Department of State. 

[FR Doc. 2022–06117 Filed 3–22–22; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF STATE 

[Public Notice 11687] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: ‘‘Philip 

Guston Now’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to 

agreements with their foreign owners or 

custodians for temporary display in the 

exhibition ‘‘Philip Guston Now’’ at the 

Museum of Fine Arts, Boston, in Boston, 

Massachusetts; the Museum of Fine 

Arts, Houston, in Houston, Texas; the 

National Gallery of Art, Washington, 

District of Columbia; and at possible 

additional exhibitions or venues yet to 

be determined, are of cultural 

significance, and, further, that their 

temporary exhibition or display within 

the United States as aforementioned is 

in the national interest. I have ordered 

that Public Notice of these 

determinations be published in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Chi 

D. Tran, Program Administrator, Office 

of the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6471; email: 

section2459@state.gov). The mailing 

address is U.S. Department of State, 

L/PD, 2200 C Street NW (SA–5), Suite 

5H03, Washington, DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), E.O. 12047 of 

March 27, 1978, the Foreign Affairs 

Reform and Restructuring Act of 1998 

(112 Stat. 2681, et seq.; 22 U.S.C. 6501 

note, et seq.), Delegation of Authority 

No. 234 of October 1, 1999, Delegation 

of Authority No. 236–3 of August 28, 

2000, and Delegation of Authority No. 

523 of December 22, 2021. 

Stacy E. White, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2022–06153 Filed 3–22–22; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0012] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 12 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. 

DATES: The exemptions were applicable 

on March 8, 2022. The exemptions 

expire on March 8, 2024. 

FOR FURTHER INFORMATION CONTACT: 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– 

9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov, insert the docket 

number, FMCSA–2022–0012, 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 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 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.dot.gov/privacy. 

II. Background 

On February 3, 2022, FMCSA 

published a notice announcing receipt 

of applications from 12 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (87 FR 6229). The public 

comment period ended on March 7, 

2022, 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 § 391.41(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 


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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 16545 

(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 two comments in 

this proceeding. The Minnesota 

Department of Public Safety submitted a 

comment in support of the decision to 

issue an exemption to Eugene F. 

Napieralski. Amy Marshall submitted a 

comment regarding two individuals 

who are not listed in this notice. 

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 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

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 February 3, 

2022, Federal Register notice (87 FR 

6229) 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 12 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 

vision loss, corneal opacity, corneal 

scarring, optic atrophy, and retinal 

detachment. In most cases, their eye 

conditions did not develop recently. 

Eight of the applicants were either born 

with their vision impairments or have 

had them since childhood. The four 

individuals that developed their vision 

conditions as adults have had them for 

a range of 6 to 42 years. 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 for 4 to 41 years. In 

the past 3 years, one driver was 

involved in a crash, and two 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 

§ 391.41(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 12 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Jacob A. Bigelow (WI) 

William H. Brown (OR) 

Ronald L. Butler (GA) 

Stephen Butts (MO) 

Daniel J. Clark (GA) 

Kamaljit S. Dhillon (OH) 

Michael P. Gross (UT) 

James Mize (TN) 

Eugene F. Napieralski (MN) 

Gerard L. Pagan (NC) 

Sheryl J. Simpson (TX) 

Willie J. Smith (TX) 

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 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–06119 Filed 3–22–22; 8:45 am] 

BILLING CODE 4910–EX–P 


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