[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61537-61540]
[FR Doc No: 2022-22145]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0507; FRL-10196-01-OCSPP]

Siloxanes and Silicones, di-Me, Me Hydrogen; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of siloxanes and silicones, di-Me, Me
hydrogen, reaction products with vinyl group-terminated di-Me siloxanes
(CAS Reg. No. 156065-02-0), when used as an inert ingredient in a
pesticide chemical formulation. The Dow Chemical Company submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of siloxanes and silicones, di-Me, Me hydrogen, reaction
products with vinyl group-terminated di-Me siloxanes on food or feed
commodities.

DATES: This regulation is effective October 12, 2022. Objections and
requests for hearings must be received on or before December 12, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2022-0507, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2022-0507 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
December 12, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2022-0507, by one of
the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the

online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of July 20, 2022 (87 FR 43232) (FRL-9410-
03-OCSPP), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
11697) filed by Dow Chemical Company, 715 E Main Street, Midland, MI
48640. The petition requested that 40 CFR 180.960 be amended by
establishing an exemption from the requirement of a tolerance for
residues of siloxanes and silicones, di-Me, Me hydrogen, reaction
products with vinyl group-terminated di-Me siloxanes (CAS Reg. No.
156065-02-0), with a minimum number average molecular weight of 10,600
Daltons. That document included a summary of the petition prepared by
the petitioner and solicited comments on the petitioner's request. The
Agency did not receive any public comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue.'' and specifies
factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. To
determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Siloxanes and silicones, di-Me, Me
hydrogen, reaction products with vinyl group-terminated di-Me siloxanes
with a minimum number average molecular weight 10,600 Daltons, conforms
to the definition of a polymer given in 40 CFR 723.250(b) and meets the
following criteria that are used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize:
Adequate biodegradation studies (MRID 51816203) were submitted for
siloxanes and silicones, di-Me, Me hydrogen, reaction products with
vinyl group-terminated di-Me siloxanes, with a minimum number average
molecular weight 10,600 Daltons, showing lack of biodegradation.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the Toxic Substances Control Act
(TSCA) Chemical Substance Inventory or manufactured under an applicable
TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 Daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40
CFR 723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    The polymer's number average molecular weight (MW) of 10,600
Daltons is greater than 10,000 Daltons. However, the polymer contains
less than 2% oligomeric material below MW 500 and less than 5%
oligomeric material below MW 1,000.
    Thus, siloxanes and silicones, di-Me, Me hydrogen, reaction
products with vinyl group-terminated di-Me siloxanes meets the criteria
for a polymer to be considered low risk under 40 CFR 723.250. Based on
its conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to siloxanes
and silicones, di-Me, Me hydrogen, reaction products with vinyl group-
terminated di-Me siloxanes.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that Siloxanes and Silicones, di-Me, Me
hydrogen, reaction products with vinyl group-terminated di-Me siloxanes
could be present in all raw and processed agricultural commodities and
drinking water, and that non-occupational non-dietary exposure was
possible. The minimum number average MW of siloxanes and silicones, di-
Me, Me hydrogen, reaction products with vinyl group-terminated di-Me
siloxanes is

10,600 Daltons. Generally, a polymer of this size would be poorly
absorbed through the intact gastrointestinal tract or through intact
human skin. Since siloxanes and silicones, di-Me, Me hydrogen, reaction
products with vinyl group-terminated di-Me siloxanes conforms to the
criteria that identify a low-risk polymer, there are no concerns for
risks associated with any potential exposure scenarios that are
reasonably foreseeable. The Agency has determined that a tolerance is
not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found siloxanes and silicones, di-Me, Me hydrogen,
reaction products with vinyl group-terminated di-Me siloxanes to share
a common mechanism of toxicity with any other substances, and siloxanes
and silicones, di-Me, Me hydrogen, reaction products with vinyl group-
terminated di-Me siloxanes does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that siloxanes and
silicones, di-Me, Me hydrogen, reaction products with vinyl group-
terminated di-Me siloxanes does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of siloxanes and silicones,
di-Me, Me hydrogen, reaction products with vinyl group-terminated di-Me
siloxanes, EPA has not used a safety factor analysis to assess the
risk. For the same reasons the additional tenfold safety factor is
unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of siloxanes and silicones, di-Me, Me
hydrogen, reaction products with vinyl group-terminated di-Me
siloxanes.

VIII. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of siloxanes and
silicones, di-Me, Me hydrogen, reaction products with vinyl group-
terminated di-Me siloxanes from the requirement of a tolerance will be
safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 4, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, amend table 1 by adding, in alphabetical order,
the polymer ``Siloxanes and silicones, di-Me, Me hydrogen, reaction
products with vinyl group-terminated di-Me siloxanes, minimum number
average molecular weight (in amu) 10,600'' to read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

                        Table 1 to Sec.   180.960
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                         Polymer                              CAS No.
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                              * * * * * * *
Siloxanes and silicones, di-Me, Me hydrogen, reaction        156065-02-0
 products with vinyl group-terminated di-Me siloxanes,
 minimum number average molecular weight (in amu)
 10,600''...............................................

                              * * * * * * *
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[FR Doc. 2022-22145 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Proposed Rules]
[Pages 76590-76592]
[FR Doc No: 2013-29651]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 381

[Docket No. FMCSA-2013-0097]

Physical Qualification of Drivers; Standards; Changes to Vision
Exemption Program Criteria

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Proposed change to criteria; request for comments.

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SUMMARY: FMCSA proposes changes to the eligibility requirements for the
Agency's Vision Exemption Program. Obtaining an exemption enables an
individual to operate commercial motor vehicles (CMVs) in interstate
commerce without satisfying all of the prescribed vision standards. The
Agency has determined that these proposed changes in the eligibility
criteria and conditions for the Vision Exemption Program will continue
to ensure a level of safety that is equivalent to, or greater than, the
level of safety maintained under the existing criteria.

DATES: Send your comments on or before January 17, 2014.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2013-0097 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: 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: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information, see the Public Participation heading below, as
well as the Request for Information and Comments heading of the
SUPPLEMENTARY INFORMATION section of this document. Note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets, or go to the street address
listed above.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the U.S. Department of Transportation's (DOT) Privacy
Act Statement for the Federal Docket Management System published in the
Federal Register on January17, 2008 (73 FR 3316), or you may visit
http://www.gpo.gov/fdsys/pkg/FR-2008-01-17/pdf/E8-785.pdf.
    Public participation: The Federal eRulemaking Portal is generally
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal Web site. If you
would like us to notify you that we received your comments, please
include a self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments on-line.
    Comments received after the comment closing date will be included
in the docket and we will consider late comments to the extent
practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Elaine Papp,<PHONE_NUMBER>,
<EMAIL_ADDRESS>U.S. Department of Transportation, FMCSA, 1200
New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001.
Business hours are from 8:30 a.m. to 5 p.m., E.T., Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

A. FMCSA's Vision Standard

    FMCSA's primary mission is to reduce crashes, injuries, and
fatalities involving large trucks and buses. Under the provisions of 49
U.S.C. 31136(a) and 31502(b), FMCSA is authorized to establish minimum
qualification standards for drivers of CMVs operating in interstate
commerce. To ensure the medical fitness of CMV drivers for duty, the
Agency established a number of physical qualifications for drivers
under 49 CFR 391.41(b). Adequate visual function is necessary for safe
driving. The current vision standard pertains to acuity (the ability to
see at a distance), field of vision (the ability to see peripherally),
and the ability to detect and distinguish colors. Specifically, 49 CFR
391.41(b)(10) states that a person is physically qualified to drive a
CMV in interstate commerce if that person has:

    (1) 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;
    (2) distant binocular acuity of at least 20/40 (Snellen) in both
eyes with or without corrective lenses;
    (3) field of vision of at least 70[deg] in the horizontal
meridian in each eye; and
    (4) the ability to recognize the colors of traffic signals and
devices showing standard red, green, and amber.

B. FMCSA's Vision Exemption Program and Criteria

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may exempt a CMV
driver from application of the vision standards 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 current Vision Exemption Program was established in
1998, following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Applications are now handled in accordance with 49 CFR part 381
subpart C. Qualifying individuals may apply for an exemption for up to
two years from specified provisions of the Federal Motor Carrier Safety
Regulations, including physical qualification standards specified under
Sec.  391.41(b) (see 49 CFR 381.300(c)). Vision exemptions are
considered under the procedures established in 49 CFR part 381 subpart
C, on a case-by-case basis upon application by CMV drivers who do not
meet the vision standards of 49 CFR 391.41(b)(10).

Current Criteria and Conditions

A. Current Criteria for Considering Exemptions From the Vision
Standards

    The criteria currently considered when reviewing an application for
an exemption have been in place since the program began in 1998. They
are consistent with criteria used in the preceding Vision Waiver
Program. In

July 1992, the Agency first published the criteria for the Vision
Waiver Program, which listed the conditions and reporting standards
that CMV drivers approved for participation would need to meet
(``Qualification of Drivers; Vision Waivers,'' 57 FR 31458, July 16,
1992). In 1998, FMCSA subsequently adopted those criteria and
conditions, with revisions, for consideration in the current Vision
Exemption Program.
    The Agency developed an example or template that drivers could use
to apply for a vision exemption. The template outlines all information
and documents the applicant should include to be considered for an
exemption and the criteria for approval. FMCSA has docketed a copy of
the template for reference, along with two additional instructional
letters for applicants residing in Florida or Indiana.\1\ These current
application materials are available on FMCSA's Web site at: http://www.fmcsa.dot.gov/rules-regulations/topics/medical/exemptions.htm.
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    \1\ Applicants from Florida and Indiana are required to submit a
full driving record. This is because Florida and Indiana have
different content in their motor vehicle reports. Florida does not
include citations or accidents on motor vehicle reports that were
withheld (adjudication withheld) because of attendance at court or
traffic school. Therefore, the applicant must provide a current
official copy of his/her complete driving record from the state of
Florida, covering their entire record. Indiana does not include
accidents on motor vehicle reports unless the driver did not have
insurance at the time of the accident or the accident resulted in a
suspension of driving privileges. Therefore, the applicant must
request that a search be done to verify whether he or she has been
involved in any accidents during the 3-year driving period from the
Indiana State Police.
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    Exemptions from the vision standards in 49 CFR 391.41(b)(10) are
considered only for those individuals with visual deficiencies who:
    (1) hold a valid license;
    (2) are at least 21 years old; and
    (3) have 3 years of intrastate CMV driving experience immediately
preceding the date of the application, driving at least 10 hours per
week in intrastate commerce with the visual deficiency;
    (4) have had a driving record for the same period listed above that
contains the following:
    (a) no suspensions or revocations of a driver's license for the
operation of any motor vehicle (including a personal vehicle);
    (b) no involvement in an accident where the driver's actions were a
contributing factor or the driver received a citation for a moving
traffic violation;
    (c) no convictions for a serious traffic violation, as defined in
49 CFR 383.51(c);
    (d) no more than one serious traffic violation, as defined in 49
CFR 383.51, driving a CMV during the 3-year period that disqualified or
should have disqualified the driver in accordance with the driver
disqualification provisions of 49 CFR 383.51; and
    (e) no more than two convictions for any other moving traffic
violations in a CMV;
    (5) provide a signed statement that reads, ``I acknowledge that I
must be otherwise qualified under 49 CFR 391.41(b)(1)-(13) or hold
another valid medical exemption before I can legally operate a
commercial motor vehicle in interstate commerce.'';
    (6) have visual acuity of at least 20/40 (Snellen), corrected or
uncorrected, in the better eye;
    (7) have field of vision in each eye, including central and
peripheral fields, of at least 70[deg] utilizing a testing modality
which tests to at least 120[deg] in the horizontal [Formal perimetry is
required. The doctor must submit the formal perimetry for each eye and
interpret the results in degrees of field of vision.];
    (8) have the ability to recognize the colors of traffic control
signals and devices showing red, green, and amber; and
    (9) have been examined by an ophthalmologist or optometrist who
signs a statement on letterhead in which the ophthalmologist or
optometrist:
    (a) identifies the visual condition;
    (b) defines the nature of the vision deficiency, including how long
the person has had the deficiency;
    (c) states the date of the examination;
    (d) certifies that the visual deficiency has been stable for the 3-
year period preceding the date of application; and
    (e) provides an opinion that the person can perform the driving
tasks required to operate a CMV.

B. Current Conditions for Holding an Exemption to the Vision Standards

    FMCSA is aware that vision conditions can deteriorate over time and
affect the driver's ability to operate a CMV safely. The following
conditions for holding an exemption from the vision standards under 49
CFR 391.41(b)(10) are imposed on exempted CMV drivers and include all
of the following,
    (1) The exempted driver must be examined every year by
    (a) an ophthalmologist or optometrist who attests to the fact that
the driver's vision continues to measure a visual acuity of at least
20/40 (Snellen) and a field of vision in the horizontal meridian of at
least 70[deg], both in the better eye; and
    (b) a medical examiner who attests to the fact that the driver is
otherwise qualified under 49 CFR 391.41;
    (2) the driver must provide a copy of the ophthalmologist or
optometrist report to his or her medical examiner at the time of the
annual medical examination;
    (3) the driver must keep a copy of the annual medical certification
in his or her qualification file as long as the driver is self-employed
or provide a copy to the driver's employer for retention in the
driver's qualification file and retain a copy of the exemption
certificate on his or her person while driving for presentation to an
authorized Federal, State, or local enforcement official; and
    (4) the driver must report any changes in personal information
(i.e., address, telephone number, employment status) to FMCSA
immediately, as well as changes in the type of vehicle driven. He or
she may be required at any time during the authorized exemption period
to provide information to the Agency regarding driving experience and
performance as it relates to citations, accidents or crashes,
suspensions or revocations, and medical status. Each driver will be
subject to periodic monitoring by FMCSA of his or her driving
performance while operating a CMV.

Proposed Criteria Changes

A. Criterion for Length of Driving Experience With a Stable Vision
Condition

    FMCSA proposes to change the current 3-year driving experience
criterion to one of two options discussed below. The Agency requests
comments as to whether it should continue to require driving experience
but decrease the period from 3 years to 1 year of operating with the
vision deficiency, or eliminate the driving experience criterion. The
basis for this change is derived from the Medical Exemption Program
Study by Cambridge Systematics, Inc. (October 13, 2006), which found
the following:
     The collision rates of visually impaired drivers in the
Vision Program were not higher than non-impaired drivers in the control
subset over the previous three years;
     Compensatory viewing behavior is developed in order to
mitigate visual loss; and
     Monocular commercial drivers did not have significant
differences in the performance of tasks involving safe

driving and the location of the monocular eye is not significant.
Option One: Driving With a Stable Vision Condition for at Least 1 Year
While Operating a CMV in Intrastate Commerce
    This change would allow FMCSA to continue evaluating the CMV
driver's safety record against his or her intrastate CMV driving
experience and is consistent with the Agency's rationale for
implementing the experience criterion. Though this option would reduce
the length of driving experience with vision deficiency by two years,
it would provide a timeframe that facilitates the verification of
accurate and safe driving and medical records.
    However, not all CMV drivers are operating in States that allow
intrastate driving with a visual deficiency. Thus, unless the driver
experience criterion were removed entirely, it would continue to be an
obstacle for those CMV drivers who may actually be safe but cannot
accumulate the necessary one year of experience because of State driver
qualification policies. FMCSA would continue to use the driver's entire
motor vehicle record as opposed to only the CMV record as a way to
evaluate safety performance.
Option Two: The Driving Experience Criterion Would Be Removed
    Removing the driving experience requirement would be consistent
with the principles of FMCSA's Diabetes Exemption Program. FMCSA would
continue to consider the driver's entire motor vehicle record but would
not require a specific amount of driving experience.
    FMCSA would ask for an examination by the ophthalmologist or
optometrist to be reported within the last 3 months from the date of
application. FMCSA believes that this would avoid the risk of recent
deterioration.

B. Driving and Crash Record

    The current criterion discussed above states that a driver must
have no convictions for a serious traffic violation, as defined in 49
CFR 383.51(c). The Agency proposes to change this to include all
provisions of 49 CFR 383.51 (b) and (c).
    The current criteria, discussed above, recommend denial of an
exemption for any driver who was involved in a crash, whether the crash
occurred while driving a CMV, a personal automobile or a motorcycle,
where the driver's actions were a contributing factor or the driver
received a citation for a moving traffic violation in a CMV. In this
context, FMCSA proposes using the following definition of ``accident''
from 49 CFR 390.5 as being synonymous with ``crash'':
    1. An occurrence involving a CMV operating on a highway in
interstate or intrastate commerce which results in:
    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury,
receives immediate medical treatment away from the scene of the
accident; or
    (iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be
transported away from the scene by a tow truck or other motor vehicle.
    In addition, during the period the CMV driver's application or
renewal is pending, the driver and the employer would be required to
report immediately to FMCSA any arrests, citations, or convictions for
any disqualifying offense or other moving violation, or if the driver
were involved in a crash. Convictions occurring during the processing
of an exemption application would be considered in the CMV driver's
overall driving record. Since all CMV driver applications and histories
are unique, FMCSA would continue to conduct reviews on an individual
basis.

C. Otherwise Qualified Physical Qualification Determination

    FMCSA proposes to change the current signed driver's statement
criterion. The existing application requests the applicant to provide a
signed statement that reads, ``I acknowledge that I must be otherwise
qualified under 49 CFR 391.41(b)(1)-(13) or hold another valid medical
exemption before I can legally operate a commercial motor vehicle in
interstate commerce.'' It does not require a completed Medical
Examination Report or an accompanying completed Medical Examiner's
Certificate.
    Rather than rely on a driver's statement, FMCSA proposes that the
driver undergo an examination by a medical examiner and receive a
Medical Examiner's Certificate declaring that the driver is physically
qualified to drive if the medical certificate is accompanied by a
Federal Vision Exemption. This change would be consistent with the
FMCSA Diabetes Exemption Program and the current Medical Examiner's
Certificate. The Medical Examiner's Certificate has a check box for the
Medical Examiner to indicate that the certificate must be accompanied
by an exemption or waiver.
    Currently, medical examiners terminate the examination process when
the driver is unable to pass the visual acuity portion of the
examination. This practice leads to additional cost for the driver,
repeated trips to the medical examiner, and uncertainty of the driver's
actual physical qualifications. If, after undergoing the process for
the Vision Exemption, the driver returns to the medical examiner and is
denied a Medical Examiner's Certificate due to a different medical
condition, he or she would have expended unnecessary resources.
Requiring an appropriately completed Medical Examiner's Certificate
would ensure that the driver is otherwise physically qualified to drive
and allow both the driver and the Agency to avoid expending resources
unnecessarily.

Request for Information and Comments

    One of the Agency's purposes for publishing this notice is to
acquire feedback to ensure we have all of the information necessary to
make a sound decision when making changes to the Vision Exemption
Program criteria. Therefore, FMCSA invites interested persons to
comment on any and all aspects of these proposed changes by submitting
data, views, arguments, or recommendations concerning any proposed
changes to the Federal Vision Exemption Program application approval
criteria. See the ADDRESSES heading above for information on submitting
comments.

    Issued on: December 2, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-29651 Filed 12-17-13; 8:45 am]
BILLING CODE 4910-EX-P