Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 42007 

Schedule B under section 484(f) of the 

Tariff Act of 1930, 19 U.S.C. 1484(f). 

One of the product exclusions in the 

Section 301 investigation of China’s 

Acts, Policies, and Practices Related to 

Technology Transfer, Intellectual 

Property, and Innovation, as set out at 

85 FR 85831 (December 29, 2020) and 

86 FR 13785 (March 10, 2021), is based 

on one of the amended statistical 

reporting categories. 

B. Technical Amendment to Exclusion 

The Annex to this notice conforms an 

existing product exclusion with the July 

1, 2021 changes to ten-digit statistical 

reporting categories in the HTSUS. In 

particular, the Annex makes a technical 

amendment to U.S. note 20(qqq)(4) to 

subchapter III of chapter 99 of the 

HTSUS, as set out in the Annexes to the 

notices published at 85 FR 85831 

(December 29, 2020) and 86 FR 13785 

(March 10, 2021). 

Annex 

Effective with respect to goods entered for 

consumption, or withdrawn from warehouse 

for consumption, on or after 12:01 a.m. 

eastern daylight time on July 1, 2021, U.S. 

note 20(qqq)(4) to subchapter III of chapter 99 

of the Harmonized Tariff Schedule of the 

United States is modified by deleting 

‘‘3808.94.5090’’ and inserting ‘‘3808.94.5090 

prior to July 1, 2021; 3808.94.5080 or 

3808.94.5095 effective July 1, 2021’’ in lieu 

thereof. 

Greta Peisch, 

General Counsel, Office of the United States 

Trade Representative. 

[FR Doc. 2021–16567 Filed 8–3–21; 8:45 am] 

BILLING CODE 3290–F1–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0009] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 27 

individuals who requested an 

exemption from the vision standard in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a CMV 

in interstate commerce. 

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 materials in 

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–2021–0009, 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.transportation.gov/privacy. 

II. Background 

FMCSA received applications from 27 

individuals who requested an 

exemption from the vision standard in 

the FMCSRs. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(10). 

III. 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. 

FMCSA grants 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. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(10). 

Therefore, the 27 applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(10). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

This notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

The following applicant, Michael S. 

Hundley (KS), did not have sufficient 

driving experience over the past three 

years under normal highway operating 

conditions: 

The following 11 applicants had no 

experience operating a CMV: 

Erik R. Almquist (NC) 

Gregory M. Flowers (MS) 

Alexander A.D. Garcia (CA) 

Kenrick W. Hamilton (NV) 

Cody R. Hare (PA) 

Thomas W. Kurutz (PA) 

William F. McEvoy (IL) 

Kyle R. Mckenna (WA) 

Joel R. Mitchell (FL) 

Abdi S. Negeri (OR) 

Merhawi Tesfay (NV) 

The following five applicants did not 

have 3 years of experience driving a 

CMV on public highways with their 

vision deficiencies: 

Bryan J. Teaster (NC) 

Robbie R. Austin (ID) 

Owen R. Powell (WI) 

Jared L. Coleman (VA) 

Zachary J. Rowzee (MS) 

The following two applicants did not 

have 3 years of recent experience 

driving a CMV on public highways with 

their vision deficiencies: 

Russell Askew (KS); Terrance A. Nicely 

(IN) 

The following three applicants did 

not have sufficient driving experience 

over the past 3 years under normal 


lotter on DSK11XQN23PROD with NOTICES1
42008 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 

highway operating conditions (gaps in 

driving record): 

Mario A. Martinez Borroto (TX); James 

E. Marsh (UT); Donald L. Elsberry (IA) 

The following applicant, Charles D. 

Parks (OH), did not demonstrate the 

level of safety required for interstate 

driving (excessive moving/non-moving 

violations during 3-year period). 

The following two applicants were 

denied for multiple reasons: 

Jason Beer (NE); Armando Palomino 

Gonzalez (OK) 

The following applicant, Dave Counts 

(IN), has not had stable vision for the 

preceding 3-year period. 

The following applicant, Jatinder K. 

Mahi (CA), does not meet the vision 

standard in his better eye. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–16541 Filed 8–3–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0007] 

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 13 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 July 10, 2021. The exemptions expire 

on July 10, 2023. 

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–2021–0007, 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.transportation.gov/privacy. 

II. Background 

On June 9, 2021, FMCSA published a 

notice announcing receipt of 

applications from 13 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (86 FR 30672). The public 

comment period ended on July 9, 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 

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 no comments in this 

proceeding. 

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 June 9, 2021, 

Federal Register notice (86 FR 30672) 

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 13 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, cataracts, 

corneal scarring, macular scarring, 

prosthesis, retinal deformity, retinal 

detachment, and retinal scarring. In 

most cases, their eye conditions did not 

develop recently. Nine 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 4 

to 30 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 


lotter on DSK11XQN23PROD with NOTICES1