60-day FR

Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices
• intended to yield only qualitative
information; the collections will not be
designed or expected to yield
statistically reliable results or used as
though the results are generalized to the
population of study.
This type of generic clearance for
qualitative information will not be used
for quantitative information collections
that are designed to yield reliably
actionable results, such as monitoring
trends over time or documenting
program performance. Such data uses
require more rigorous designs that
address: The target population to which
generalizations will be made; the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size; and the expected response
rate, methods for assessing potential
nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior to
fielding the study. Depending on the
degree of influence the results are likely
to have, such collections may still be
eligible for submission for other
mechanisms that are designed to yield
quantitative results. As a general matter,
information collections will not result
in any new system of records containing
privacy information and will not ask
questions of a sensitive nature, such as
sexual behavior and attitudes, religious
beliefs, and other matters that are
commonly considered private.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated
in 49 CFR 1.87.

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Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–09578 Filed 5–5–21; 8:45 am]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0066]

Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Medical
Qualification Requirements
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval, and invites public
comment. FMCSA requests approval to
renew an ICR, titled ‘‘Medical
Qualification Requirements,’’ and
provides updated information for
several of the information collections
discussed. This ICR is needed to ensure
that drivers, motor carriers, Medical
Examiners (ME), and the States are
complying with the physical
qualification requirements of
commercial motor vehicle (CMV)
drivers. The information collected is
used primarily to determine and certify
driver medical fitness and must be
collected in order for our highways to be
safe.
DATES: We must receive your comments
on or before July 6, 2021.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2021–0066 using any
of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• 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: 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. ET, Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
SUMMARY:

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Participation heading below. Note that
all comments received will be posted
without change to https://
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 https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: DOT posts all comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice DOT/ALL 14–FDMS, which can
be reviewed at https://
www.transportation.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is 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 website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard if you submitted your
comments by mail or hand delivery, or
print the acknowledgement page that
appears after submitting comments
online. Comments received after the
comment closing date will be included
in the docket and will be considered to
the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 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, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Background: CMVs (trucks and buses)
are longer, heavier, and more difficult to
maneuver than automobiles, making
them a threat to highway safety if not
operated properly by qualified
individuals. The public interest in, and
right to have, safe highways requires the
assurance that drivers of CMVs can
safely perform the increased physical
and mental demands of their duties.
FMCSA’s physical qualification
standards provide this assurance by
requiring drivers to be examined and
medically certified as physically and
mentally qualified to drive. Therefore,

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information used to determine and
certify driver medical fitness must be
collected. FMCSA is the Federal
government agency authorized to
require the collection of this
information. FMCSA is required by
statute to establish standards for the
physical qualifications of drivers who
operate CMVs in interstate commerce
for non-excepted industries (49 U.S.C.
31136(a)(3) and 31502(b)). The physical
qualification regulations relating to this
information collection are found in the
Federal Motor Carrier Safety
Regulations (FMCSRs) at 49 CFR parts
390–399.
Below is a brief description of the
included information collection
activities and how the information is
used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set
forth the physical qualification
standards interstate CMV drivers who
are subject to part 391 must meet, with
the exception of commercial driver’s
license/commercial learner’s permit
(CDL/CLP) drivers transporting migrant
workers (who must meet the physical
qualification standards set forth in 49
CFR 398.3). The FMCSRs covering
driver physical qualification records
applicable to all drivers subject to part
391 are found at 49 CFR 391.43, which
specifies that a physical qualification
examination be performed on CMV
drivers subject to part 391 who operate
in interstate commerce. The results of
examinations must be recorded on the
Medical Examination Report (MER)
Form, MCSA–5875. If the ME finds a
driver is physically qualified to operate
a CMV in accordance with 49 CFR
391.41, the ME must complete and
furnish to the driver a Medical
Examiner’s Certificate (MEC), Form
MCSA–5876. The provisions of 49 CFR
391.51 require that a motor carrier retain
the MEC or, for CDL drivers, the
Commercial Driver’s License
Information System (CDLIS) motor
vehicle record, if it contains medical
certification status, in the driver’s
qualification (DQ) file for 3 years. The
MEC and CDLIS motor vehicle record
affirm that the driver is physically
qualified to operate a CMV in interstate
commerce. With respect to drivers
transporting migrant workers, 49 CFR
398.3 requires a motor carrier to retain
in its files a copy of a doctor’s certificate
that affirms the driver has been
examined in accordance with that
section and determined to be physically
qualified to operate a CMV.
Due to the potential for the onset of
new conditions or changes in existing
conditions that may adversely affect a

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driver’s ability to safely operate a CMV
and/or cause incapacitation that could
be a risk to public safety, FMCSA
requires drivers to be medically certified
at least every 2 years. However, drivers
with certain medical conditions must be
certified more frequently than every 2
years. MEs have discretion to certify for
shorter time periods on a case-by-case
basis for medical conditions that require
closer monitoring or that are more likely
to change over time.
MEs are required to maintain records
of the CMV driver physical qualification
examinations they conduct. FMCSA
does not require MEs to maintain these
records electronically. However, there is
nothing to preclude an ME from
maintaining electronic records of the
medical examinations he or she
conducts. FMCSA is continuously
evaluating new information technology
in an attempt to decrease the burden on
motor carriers and MEs.
Less frequent collection of driver data,
MER Forms, and MECs would
compromise FMCSA’s ability to
determine ME compliance with
FMCSA’s requirements for performing
CMV driver physical qualification
examinations. This could result in MEs
being listed on FMSCA’s National
Registry of Certified Medical Examiners
(National Registry) who should be
removed and possibly drivers who do
not meet the physical qualification
standards possessing an MEC. Less
frequent data collection would also
result in decreased validity of the data
(i.e., less frequent data submission may
increase the error rate due to
unintentional omission of examination
information). Therefore, less frequent
collection of driver examination results
is not an option.
Resolution of Medical Conflict
If two MEs disagree about the medical
certification of a driver, the medical
conflict provision provides a
mechanism for drivers and motor
carriers to request that FMCSA resolve
the conflicting medical evaluations
when either party does not accept the
decision of a medical specialist. The
requirements set forth in 49 CFR 391.47
mandate that the applicant (driver or
motor carrier) submit a copy of a report
including results of all medical testing
and the opinion of an impartial medical
specialist in the field in which the
medical conflict arose. The applicant
may choose to submit the information
using fax or email. FMCSA uses the
information collected from the
applicant, including medical
information, to determine if the driver
should be qualified. Without this
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medical information collection
requirements, an unqualified person
may be permitted to drive and qualified
persons may be prevented from driving.
Medical Exemptions and the Skill
Performance Evaluation (SPE)
Certificate Program
FMCSA may, on a case-by-case basis,
grant a medical exemption from a
physical qualification standard set forth
in 49 CFR 391.41. To do so, the Agency
must determine the exemption would
likely achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved by complying
with the regulation. Without an
exemption, individuals who do not
meet the requirements in 49 CFR 391.41
would not be qualified to operate a CMV
in interstate commerce. Section 381.300
establishes the procedures that persons
must follow to request exemptions from
the FMCSRs. The Agency requires all
medical exemptions to be renewed
every 2 years to ensure that the granting
of the exemption does not diminish
safety. Exemption holders are required
to submit annual medical information
for review to ensure the driver
continues to meet the criteria for an
exemption.
Individuals with loss or impairment
of limbs are permitted to operate a CMV
if they are otherwise physically
qualified and are issued an SPE
certificate by FMCSA. The SPE
certificate must be renewed every 2
years by submitting a renewal
application that includes an MER Form.
The application process for medical
exemptions and SPE certificates
provides for electronic collection of the
application information by FMCSA for
those applicants who choose to submit
the information electronically. They
may fax or scan and email documents to
FMCSA. The Vision Exemption Program
and the SPE Certificate Program
maintain a database of application
information. The Medical Programs
Division maintains a database of
application information for hearing and
seizure exemptions.
FMCSA must collect medical
information about the driver’s medical
condition in order to determine
eligibility to receive a medical
exemption or an SPE certificate. In the
interest of highway safety, the medical
examination, medical exemption, and
SPE certificate renewal should not be
performed less frequently.
The National Registry of Certified
Medical Examiners
The National Registry of Certified
Medical Examiners final rule (77 FR
24104, Apr. 20, 2012) requires MEs who

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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Notices
conduct physical qualification
examinations for interstate CMV drivers
to complete training concerning
FMCSA’s physical qualification
standards, pass a certification test, and
maintain competence through periodic
training and testing, all of which require
information collection. ME candidates
submit demographic and eligibility data
in order to register with the National
Registry and begin the certification
process. This data is used to provide the
public with contact information for
those healthcare professionals who are
certified by FMCSA to conduct
interstate CMV driver physical
qualification examinations. Less
frequent collection of ME candidate
identity and eligibility information and
test results could mean there are fewer
MEs available to perform physical
qualification examinations and to meet
the needs of the CMV driver and motor
carrier population. This could place a
burden on drivers and motor carriers.
Therefore, less frequent collection of ME
candidate identity and eligibility
information and test results is not an
option.
MEs are required to transmit to
FMCSA via the National Registry results
of any CMV driver physical
qualification examinations completed
by midnight (local time) of the next
calendar day following the examination.
The reporting of results includes all
CMV drivers (CDL/CLP and non-CDL/
CLP) who are required to be medically
certified to operate in interstate
commerce and allows, but does not
require, MEs to transmit any
information about examinations
performed in accordance with the
FMCSRs with any applicable State
variances, which will be valid for
intrastate operations only. Less frequent
collection of driver data would
compromise FMCSA’s ability to
determine ME compliance with FMCSA
requirements for performing CMV driver
physical qualification examinations.
This could result in MEs being listed on
the National Registry who should be
removed and possibly drivers who do
not meet the physical qualification
standards possessing an MEC. Less
frequent data collection would also
result in decreased validity of the data
(i.e., less frequent data submission may
increase the error rate due to
unintentional omission of examination
information). Therefore, less frequent
collection of driver examination results
is not an option.
The National Registry final rule also
requires motor carriers to verify the
National Registry number of the MEs
who certify their drivers and place a
note in the DQ file. Less frequent

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verification of the National Registry
numbers by motor carriers could mean
drivers may not have been examined by
an ME listed on the National Registry
and may not meet the physical
qualifications standards of the FMCSRs.
As a follow-on rule to the National
Registry final rule, the Medical
Examiner’s Certification Integration
final rule (80 FR 22790, Apr. 23, 2015),
modified several of the requirements
adopted in the National Registry final
rule, some of which had a scheduled
compliance date of June 22, 2018.
Specifically, it requires (1) FMCSA to
electronically transmit from the
National Registry to the State Driver’s
Licensing Agencies (SDLAs) the driver
identification information, examination
results, and restriction information from
examinations performed for holders of
CLPs/CDLs (interstate and intrastate);
(2) FMCSA to transmit electronically to
the SDLAs the medical variance
information for all CMV drivers; and (3)
SDLAs to post the driver identification,
examination results, and restriction
information received electronically from
FMCSA.
However, as the Medical Examiner’s
Certification Integration final rule
compliance date approached, FMCSA
concluded that the information
technology infrastructure necessary to
implement the portions of the final rule
that required the electronic transmission
of data would not be available on June
22, 2018. Accordingly, on June 21, 2018,
FMCSA published a notice extending
the compliance date for several of the
provisions in the Medical Examiner’s
Certification Integration final rule to
June 22, 2021 (83 FR 28774).
As the June 22, 2021, compliance date
approaches, FMCSA has concluded that
additional time is needed for FMCSA to
complete certain information
technology system development tasks
for its National Registry and to provide
the SDLAs sufficient time to make the
necessary information technology
programming changes after the new
National Registry system is available.
Accordingly, FMCSA intends to amend
its regulations to extend the compliance
date from June 22, 2021, to June 23,
2025, for several provisions of its
Medical Examiner’s Certification
Integration final rule. Since the
compliance date for these provisions
will be extended until June 23, 2025, the
annual burden hours and costs are not
covered as part of this ICR.
Qualifications of Drivers; Diabetes
Standard
As a result of the September 19, 2018,
Qualifications of Drivers; Diabetes
Standard final rule (83 FR 47486), the

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FMCSRs were amended to permit
drivers with a stable insulin regimen
and properly controlled insulin-treated
diabetes mellitus (ITDM) to operate
CMVs in interstate commerce. An
individual with ITDM can obtain an
MEC from an ME for up to a maximum
of 12 months. To do so, the treating
clinician, the healthcare professional
who manages, and prescribes insulin
for, the treatment of the individual’s
diabetes must complete the InsulinTreated Diabetes Mellitus Assessment
Form, MCSA–5870, and attest to the ME
that the individual maintains a stable
insulin regimen and proper control of
his or her diabetes. The ME must review
the form and determine the individual
meets FMCSA’s ITDM standard and
other physical qualification standards.
The information collection is necessary
to ensure drivers meet these standards.
FMCSA allows treating clinicians to
provide the form to MEs, if the treating
clinicians choose to do so, using
electronic communication such as fax or
email.
Title: Medical Qualification
Requirements.
OMB Control Number: 2126–0006.
Type of Request: Renewal of a
currently approved collection.
Respondents: CMV drivers, motor
carriers, Medical Examiners, testing
centers, treating clinicians.
Estimated Number of Respondents:
6,225,262.
Expiration Date: November 30, 2021.
Estimated Total Annual Burden:
2,707,479 hours.
This information collection is
comprised of the following six
information collection activities.
Physical Qualification Standards:
2,144,680 annual burden hours;
5,444,680 annual respondents.
Resolution of Medical Conflict: 11
annual burden hours; 3 annual
respondents.
Medical Exemptions: 2,529 annual
burden hours; 4,749 annual
respondents.
SPE Certificate Program: 2,808 annual
burden hours; 2,567 annual
respondents.
National Registry of Certified Medical
Examiners: 556,797 annual burden
hours; 768,357 annual respondents.
Qualification of Drivers; Diabetes
Standard: 654 annual burden hours;
4,906 annual respondents.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,

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usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator,Office of Research
and Registration.
[FR Doc. 2021–09577 Filed 5–5–21; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0006]

I. Public Participation

Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:

FMCSA announces receipt of
applications from seven individuals for
an exemption from the vision
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to
operate a commercial motor vehicle
(CMV) in interstate commerce. If
granted, the exemptions will enable
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before June 7, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0006 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0006, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
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: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,

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Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 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:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0006),
indicate the specific section of this
document to which each 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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/docket?D=FMCSA2021-0006. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
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.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket

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number, FMCSA–2021–0006, 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.
C. 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
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 2year period to align with the maximum
duration of a driver’s medical
certification.
The seven individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
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 at
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

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