47278 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules 

straw at 0.01 ppm; Vegetable, brassica, 

head and stem, group 5–16 at 0.01 ppm; 

Vegetable, bulb, group 3–07 at 0.01 

ppm; Vegetable, cucurbit, group 9 at 

0.01 ppm; Vegetable, leafy, group 4–16, 

except spinach at 0.01 ppm; Vegetable, 

leaves of root and tuber, group 2 at 0.01 

ppm; Vegetable, legume, group 6 at 0.01 

ppm; Vegetable, fruiting, group 8–10 at 

0.01 ppm; Vegetable, root and tuber, 

group 1, except potato at 0.01 ppm; 

Vegetable, stalk, stem, and leaf petiole 

group 22 at 0.01 ppm; Wheat, forage at 

0.01 ppm; Wheat, grain at 0.01 ppm; 

Wheat, hay at 0.01 ppm; and Wheat, 

straw at 0.01 ppm. The ‘‘AOAC Official 

Method 2007.1’’ method, which uses 

LC–MS/MS, is used to measure and 

evaluate the chemical picarbutrazox and 

its metabolites, TZ-1E, TZ-2-b-Glc, TZ5, and TZ-5-Glc. Contact: RD. 

8. PP 1F8925. (EPA–HQ–OPP–2021– 

0432). Valent U.S.A. LLC, 4600 Norris 

Canyon Road, P.O. Box 5075, San 

Ramon, CA 94583–0975, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the fungicide 

Mandestrobin (2 RS)-2-{2-[(2,5- 

dimethylphenoxy)methyl]phenyl}-2- 

methoxy-N-methylacetamide in or on 

Rapeseed subgroup 20A, seed at 0.2 

parts per million (ppm). An 

independently validated analytical 

method with appropriate sensitivity is 

used to measure and evaluate the 

chemical mandestrobin. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: August 11, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–17894 Filed 8–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–2019–0049] 

RIN 2126–AC21 

Medical Review Board Task 21–1 

Report: FMCSA Proposed Alternative 

Vision Standard 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of availability (NOA); 

request for comments. 

SUMMARY: In January 2021, FMCSA 

published a notice of proposed 

rulemaking (NPRM) to amend its 

regulations to permit individuals who 

cannot meet either the current distant 

visual acuity or field of vision standard, 

or both, in one eye to be physically 

qualified to operate a commercial motor 

vehicle (CMV) in interstate commerce. 

The comment period closed on March 

15, 2021. The Agency received 69 

comments. In May 2021, FMCSA 

requested, in part, that FMCSA’s 

Medical Review Board (MRB) review 

and analyze the comments from medical 

professionals and associations and make 

recommendations regarding the 

proposed alternative vision standard for 

FMCSA to consider. The Agency 

announces the availability of the MRB’s 

report and requests comments on the 

MRB’s recommendations. MRB Task 

21–1 Report is available in Docket 

Number FMCSA–2019–0049. 

DATES: Comments must be received on 

or before September 23, 2021. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2019–0049 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0049/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

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. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA,1200 New 

Jersey Avenue SE, Washington, DC 

20590, (202) 366–4001, 

FMCSAMedical@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this NOA 

(FMCSA–2019–0049), indicate the 

specific section of this document to 

which your comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0049/document, click on 

this NOA, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to this NOA contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

NOA, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket. 

Submissions containing CBI should be 

sent to Mr. Brian Dahlin, Chief, 

Regulatory Analysis Division, Office of 

Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0049/document and 

choose the document to review. To view 


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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules 47279 

comments, click this NOA, 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., 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. 

C. Privacy Act 

DOT solicits comments from the 

public to better inform its rulemaking 

process, in accordance with 5 U.S.C. 

553(c). 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—Federal Docket Management 

System (FDMS), which can be reviewed 

at www.transportation.gov/privacy. 

II. Background 

FMCSA’s mission is to reduce 

crashes, injuries, and fatalities involving 

large trucks and buses. FMCSA is 

authorized by statute to establish 

minimum physical qualification 

standards for drivers of CMVs operating 

in interstate commerce. To ensure the 

physical qualification of CMV drivers, 

the Agency has established a vision 

standard, along with several other 

physical standards. The current vision 

standard can be found at 49 CFR 

391.41(b)(10). 

The Federal Highway Administration, 

the predecessor agency to FMCSA, 

adopted the current vision standard 

April 22, 1970 (35 FR 6458). Under this 

standard, an individual is physically 

qualified to drive a CMV if the 

individual 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 at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70 degrees in the 

horizontal meridian in each eye, and the 

ability to recognize the colors of traffic 

signals and devices showing standard 

red, green, and amber (49 CFR 

391.41(b)(10)). This standard has not 

changed since it became effective on 

January 1, 1971. 

Since 1998, FMCSA has maintained 

an exemption program for individuals 

who do not meet certain vision 

standards. The Agency considers vision 

exemptions on a case-by-case basis 

upon application by CMV drivers who 

do not meet either the distant visual 

acuity or field of vision standard, or 

both, of § 391.41(b)(10) in one eye. The 

Agency does not grant exemptions for 

color blindness. 

On January 12, 2021, FMCSA 

published an NPRM that proposed an 

alternative vision standard for 

individuals unable to meet either the 

current distant visual acuity or field of 

vision standard, or both (86 FR 2344). 

The comment period on the NPRM 

closed on March 15, 2021. The Agency 

received 69 comments. 

III. MRB Task 21–1 

The MRB was established to provide 

FMCSA with medical advice and 

recommendations on medical standards 

and guidelines for the physical 

qualifications of CMV operators, 

medical examiner education, and 

medical research (49 U.S.C. 

31149(a)(1)). The MRB, in view of its 

statutory creation and advisory 

function, is chartered by DOT as an 

advisory committee under the 

provisions of the Federal Advisory 

Committee Act (5 U.S.C. App.) See also 

Announcement of Establishment of the 

Federal Motor Carrier Safety 

Administration Medical Review Board 

(70 FR 57642; Oct. 3, 2005). The 

members of the MRB are appointed by 

the Secretary to reflect expertise in a 

variety of medical specialties relevant to 

the driver fitness requirements of 

FMCSA (49 U.S.C. 31149(a)(2)). 

To assist in the development of a final 

rule, on May 11, 2021, FMCSA 

requested advice from the MRB for the 

Agency to consider. Specifically, 

FMCSA asked the MRB to review and 

analyze all comments from medical 

professionals and associations, make 

recommendations regarding the 

proposed alternative vision standard, 

and identify factors the Agency should 

consider regarding next steps in the 

vision rulemaking. In addition, FMCSA 

requested recommendations with 

respect to whether the information 

requested from eye specialists on the 

proposed Vision Evaluation Report 

provides sufficient information for a 

medical examiner to make a medical 

certification determination. The MRB 

held a public meeting to discuss MRB 

Task 21–1 on May 19 and 20, 2021. The 

Agency received the MRB’s final report 

on July 20, 2021. Details of the meeting, 

including MRB Task 21–1, the MRB 

Task 21–1 Report, and supporting 

materials used by the MRB, are posted 

on the Agency’s public website at 

https://www.fmcsa.dot.gov/medicalreview-board-mrb-meeting-topics. 

IV. MRB Task 21–1 Report 

The MRB’s final report is available in 

the docket (in addition to being 

available on the Agency’s public 

website). The MRB Task 21–1 Report 

contains detailed recommendations for 

FMCSA to consider as it develops a 

final rule. The Agency believes that 

public comment on the 

recommendations will assist it in 

evaluating the advice it has received 

from the MRB. Comments must be 

limited to addressing the 

recommendations in the MRB Task 21– 

1 Report. The MRB made the following 

recommendations in its MRB Task 21– 

1 Report: 

I. Overview 

A. With respect to the medical aspects of 

the proposed alternative vision standard 

only, if the MRB does not make a specific 

recommendation to change a provision, the 

MRB concurs with the provision as proposed 

in the January 2021 NPRM. 

B. The MRB recommends that the Agency 

deemphasize that the alternative vision 

standard begins with the vision evaluation 

because the individual may be examined first 

by the medical examiner. 

II. Recommendations for the Regulatory 

Standards 

A. The MRB recommends that the current 

field of vision requirement be changed from 

70 degrees to 120 degrees for the alternative 

vision standard for monocular vision drivers. 

B. The MRB agrees that the requirement for 

sufficient time to adapt to and compensate 

for the vision deficiency should not be 

changed in the proposed alternative vision 

standard. The MRB notes it does not have 

sufficient data to establish a specific waiting 

period for an individual who has a new 

vision deficiency. 

III. Recommendations for the Vision 

Evaluation Report 

A. The MRB recommends that the physical 

qualification standards for the alternative 

vision standard, as set forth in the paragraph 

below from Task 21–1 but modified to reflect 

a field of vision of at least 120 degrees, be 

added to page 1 in the instructions after 

FMCSA’s definition of monocular vision: 

The proposal would provide that, to be 

physically qualified under the alternative 

vision standard, the individual must: (1) 

Have in the better eye distant visual acuity 

of at least 20/40 (Snellen), with or without 

corrective lenses, and field of vision of at 

least 120 degrees in the horizontal meridian; 

(2) be able to recognize the colors of traffic 

signals and devices showing standard red, 

green, and amber; (3) have a stable vision 

deficiency; and (4) have had sufficient time 

to adapt to and compensate for the vision 

deficiency. 

B. The MRB recommends that the Agency 

expand the medical opinion in question 12 

to require that the individual can drive a 

CMV safely with the vision condition. The 

MRB notes that the medical opinion 

provided by the ophthalmologist or 


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47280 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Proposed Rules 

optometrist regarding whether the individual 

has adapted to and compensated for the 

change in vision sufficiently encompasses 

depth perception. The MRB notes further that 

question 12 sufficiently implies that time is 

needed to adapt and compensate for the 

change in vision but appropriately relies on 

the ophthalmologist or optometrist 

conducting the vision evaluation to 

determine the appropriate period of time on 

a case-by-case basis. 

C. The MRB recommends that the requests 

for information about stability in questions 

11 and 13 both be retained. The questions 

solicit different information. 

D. The MRB recommends that the Agency 

change the order of the requested information 

to be questions 1 through 9, 10, 12, 13, and 

then 11. 

E. The MRB recommends that the vision 

evaluation report not request information 

relating to severe non-proliferative diabetic 

retinopathy and proliferative diabetic 

retinopathy because they are evaluated 

separately under the standard for insulintreated diabetes mellitus. 

The Vision Evaluation Report, Form 

MCSA–5871, with the MRB’s 

recommended edits is an attachment to 

the MRB Task 21–1 Report, which can 

be found in the docket (in addition to 

being available on the Agency’s public 

website). 

V. Comments Requested 

Comments are requested on any and 

all of the recommendations provided in 

the MRB Task 21–1 Report but only on 

those recommendations. To the extent 

possible, comments should include 

supporting materials, such as data 

analyses, studies, reports, or journal 

articles. FMCSA will consider these 

comments, in addition to the comments 

submitted in response to the NPRM, in 

determining how to proceed in the 

vision rulemaking. 

Issued under authority delegated in 49 CFR 

1.87. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2021–17850 Filed 8–23–21; 8:45 am] 

BILLING CODE 4910–EX–P 


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