82_FR_35193 82 FR 35050 - Qualification of Drivers; Exemption Applications; Vision

82 FR 35050 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range35050-35052
FR Document2017-15839

FMCSA announces its decision to exempt ten individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35050-35052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15839]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0018]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt ten individuals from 
the vision requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs). They are unable to meet the vision requirement in one eye for 
various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. The Agency has 
concluded that granting these exemptions will provide a level of safety 
that is equivalent to or greater than the level of safety maintained 
without the exemptions for these CMV drivers.

DATES: The exemptions were granted June 27, 2017. The exemptions expire 
on June 27, 2019.

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 W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., E.T., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On May 26, 2017, FMCSA published a notice of receipt of exemption 
applications from certain individuals, and requested comments from the 
public (82 FR 24430). That notice listed ten applicants' case 
histories. The ten individuals applied for exemptions from the vision 
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in 
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a two 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 two year period. 
Accordingly, FMCSA has evaluated the ten applications on their merits 
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor 
vehicle 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[deg] in the horizontal meridian in each eye, and the ability to 
recognize the colors of traffic signals and devices showing red, green, 
and amber (49 CFR 391.41(b)(10)).
    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 ten 
exemption applicants listed in this notice are in this category. They 
are unable to meet the vision requirement in one eye for various 
reasons, including amblyopia, complete loss of vision, congenital 
cataract, corneal transplant, macular scar, optic neuropathy, and 
prosthetic eye. In most cases, their eye conditions were not recently 
developed. Five of the applicants were either born with their vision 
impairments or have had them since childhood.
    The five individuals that sustained their vision conditions as 
adults have had it for a range of 10 to 47 years.
    Although each applicant has one eye which does not meet the vision 
requirement in 49 CFR 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 valid 
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before 
issuing CDLs, States subject drivers to knowledge and skills tests 
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for 
their State of residence. By meeting State licensing requirements, the 
applicants demonstrated their ability to operate a CMV, with their 
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these ten drivers have 
been authorized to drive a CMV in intrastate commerce, even though 
their vision disqualified them from driving in interstate commerce. 
They have driven CMVs with their limited vision in careers ranging for 
5 to 35 years. In the past three years, no drivers were involved in 
crashes and no drivers were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the May 26, 2017, 
notice (82 FR 24430).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. Without the exemption, applicants 
will continue to

[[Page 35051]]

be restricted to intrastate driving. With the exemption, applicants can 
drive in interstate commerce. Thus, our analysis focuses on whether an 
equal or greater level of safety is likely to be achieved by permitting 
each of these drivers to drive in interstate commerce as opposed to 
restricting him or her to driving in intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered the medical reports about the applicants' vision as well as 
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely with the vision deficiency for the past 
three years. Recent driving performance is especially important in 
evaluating future safety, according to several research studies 
designed to correlate past and future driving performance. Results of 
these studies support the principle that the best predictor of future 
performance by a driver is his/her past record of crashes and traffic 
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's (FHWA) 
former waiver study program clearly demonstrate the driving performance 
of experienced monocular drivers in the program is better than that of 
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). 
The fact that experienced monocular drivers demonstrated safe driving 
records in the waiver program supports a conclusion that other 
monocular drivers, meeting the same qualifying conditions as those 
required by the waiver program, are also likely to have adapted to 
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used three consecutive 
years of data, comparing the experiences of drivers in the first two 
years with their experiences in the final year.
    Applying principles from these studies to the past three year 
record of the ten applicants, no drivers were involved in crashes and 
no drivers were convicted of moving violations in a CMV. All the 
applicants achieved a record of safety while driving with their vision 
impairment, demonstrating the likelihood that they have adapted their 
driving skills to accommodate their condition. As the applicants' ample 
driving histories with their vision deficiencies are good predictors of 
future performance, FMCSA concludes their ability to drive safely can 
be projected into the future.
    We believe that the applicants' intrastate driving experience and 
history provide an adequate basis for predicting their ability to drive 
safely in interstate commerce. Intrastate driving, like interstate 
operations, involves substantial driving on highways on the interstate 
system and on other roads built to interstate standards. Moreover, 
driving in congested urban areas exposes the driver to more pedestrian 
and vehicular traffic than exists on interstate highways. Faster 
reaction to traffic and traffic signals is generally required because 
distances between them are more compact. These conditions tax visual 
capacity and driver response just as intensely as interstate driving 
conditions. The veteran drivers in this proceeding have operated CMVs 
safely under those conditions for at least three years, most for much 
longer. Their experience and driving records lead us to believe that 
each applicant is capable of operating in interstate commerce as safely 
as he/she has been performing in intrastate commerce. Consequently, 
FMCSA finds that exempting these applicants from the vision requirement 
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to 
that existing without the exemption. For this reason, the Agency is 
granting the exemptions for the two year period allowed by 49 U.S.C. 
31136(e) and 31315 to the ten applicants listed in the notice of May 
26, 2017 (82 FR 24430).
    We recognize that the vision of an applicant may change and affect 
his/her ability to operate a CMV as safely as in the past. As a 
condition of the exemption, therefore, FMCSA will impose requirements 
on the ten individuals consistent with the grandfathering provisions 
applied to drivers who participated in the Agency's vision waiver 
program.
    Those requirements are found at 49 CFR 391.64(b) and include the 
following: (1) That each individual be physically examined every year 
(a) by an ophthalmologist or optometrist who attests that the vision in 
the better eye continues to meet the requirement in 49 CFR 
391.41(b)(10) and (b) by a medical examiner who attests that the 
individual is otherwise physically qualified under 49 CFR 391.41; (2) 
that each individual provide a copy of the ophthalmologist's or 
optometrist's report to the medical examiner at the time oaf the annual 
medical examination; and (3) that each individual provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must have a 
copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received one comment in this proceeding. Simon Batter stated 
the he has worked with Blaine Dickman for 19 years and has never seen 
or heard of any issues related to his monocular vision.

IV. Conclusion

    Based upon its evaluation of the ten exemption applications, FMCSA 
exempts the following drivers from the vision requirement in 49 CFR 
391.41(b)(10):

Blaine R. Dickman (NV)
Sean J. Dornin (PA)
Wade J. Jandreau (ME)
Eric C. Johnson (WI)
Thomas M. Leonard (PA)
James Q. Meeks, Jr. (GA)
Al V. Nowviock (IL)
Hubert O. Pollard (ND)
Daniel L. Troop (MI)
Jeffrey Waterbury (NY)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for two years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has

[[Page 35052]]

resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the two year 
period, the person may apply to FMCSA for a renewal under procedures in 
effect at that time.

    Issued on: July 19, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-15839 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  35050                          Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

                                                  the Agency will use to examine the                       I. Electronic Access                                     FMCSA recognizes that some drivers
                                                  feasibility, costs, and benefits of making                  You may see all the comments online                do not meet the vision requirement but
                                                  crash preventability determinations.                     through the Federal Document                          have adapted their driving to
                                                  The data gathered through the                            Management System (FDMS) at http://                   accommodate their limitation and
                                                  demonstration program will allow the                     www.regulations.gov.                                  demonstrated their ability to drive
                                                  Agency to better evaluate the utility of                    Docket: For access to the docket to                safely. The ten exemption applicants
                                                  making crash preventability                              read background documents or                          listed in this notice are in this category.
                                                  determinations. As a result, FMCSA is                    comments, go to http://                               They are unable to meet the vision
                                                  moving forward to implement this                         www.regulations.gov and/or Room                       requirement in one eye for various
                                                  demonstration program.                                   W12–140 on the ground level of the                    reasons, including amblyopia, complete
                                                    Issued under the authority delegated in 49             West Building, 1200 New Jersey Avenue                 loss of vision, congenital cataract,
                                                  CFR 1.87 on: July 19, 2017.                              SE., Washington, DC, between 9 a.m.                   corneal transplant, macular scar, optic
                                                  Daphne Y. Jefferson,                                     and 5 p.m., E.T., Monday through                      neuropathy, and prosthetic eye. In most
                                                                                                           Friday, except Federal holidays.                      cases, their eye conditions were not
                                                  Deputy Administrator.
                                                                                                              Privacy Act: In accordance with 5                  recently developed. Five of the
                                                  [FR Doc. 2017–15833 Filed 7–26–17; 8:45 am]                                                                    applicants were either born with their
                                                                                                           U.S.C. 553(c), DOT solicits comments
                                                  BILLING CODE 4910–EX–P
                                                                                                           from the public to better inform its                  vision impairments or have had them
                                                                                                           rulemaking process. DOT posts these                   since childhood.
                                                                                                           comments, without edit, including any                    The five individuals that sustained
                                                  DEPARTMENT OF TRANSPORTATION                                                                                   their vision conditions as adults have
                                                                                                           personal information the commenter
                                                                                                           provides, to www.regulations.gov, as                  had it for a range of 10 to 47 years.
                                                  Federal Motor Carrier Safety                                                                                      Although each applicant has one eye
                                                  Administration                                           described in the system of records
                                                                                                           notice (DOT/ALL–14 FDMS), which can                   which does not meet the vision
                                                                                                           be reviewed at www.dot.gov/privacy.                   requirement in 49 CFR 391.41(b)(10),
                                                  [Docket No. FMCSA–2017–0018]                                                                                   each has at least 20/40 corrected vision
                                                                                                           II. Background                                        in the other eye, and in a doctor’s
                                                  Qualification of Drivers; Exemption                                                                            opinion, has sufficient vision to perform
                                                                                                              On May 26, 2017, FMCSA published
                                                  Applications; Vision                                                                                           all the tasks necessary to operate a CMV.
                                                                                                           a notice of receipt of exemption
                                                                                                           applications from certain individuals,                Doctors’ opinions are supported by the
                                                  AGENCY:Federal Motor Carrier Safety
                                                                                                           and requested comments from the                       applicants’ possession of valid
                                                  Administration (FMCSA), DOT.
                                                                                                           public (82 FR 24430). That notice listed              commercial driver’s licenses (CDLs) or
                                                  ACTION:   Notice of final disposition.                   ten applicants’ case histories. The ten               non-CDLs to operate CMVs. Before
                                                                                                           individuals applied for exemptions from               issuing CDLs, States subject drivers to
                                                  SUMMARY:    FMCSA announces its                          the vision requirement in 49 CFR                      knowledge and skills tests designed to
                                                  decision to exempt ten individuals from                  391.41(b)(10), for drivers who operate                evaluate their qualifications to operate a
                                                  the vision requirement in the Federal                    CMVs in interstate commerce.                          CMV.
                                                  Motor Carrier Safety Regulations                            Under 49 U.S.C. 31136(e) and 31315,                   All of these applicants satisfied the
                                                  (FMCSRs). They are unable to meet the                    FMCSA may grant an exemption for a                    testing requirements for their State of
                                                  vision requirement in one eye for                        two year period if it finds ‘‘such                    residence. By meeting State licensing
                                                  various reasons. The exemptions will                     exemption would likely achieve a level                requirements, the applicants
                                                  enable these individuals to operate                      of safety that is equivalent to or greater            demonstrated their ability to operate a
                                                  commercial motor vehicles (CMVs) in                      than the level that would be achieved                 CMV, with their limited vision, to the
                                                  interstate commerce without meeting                      absent such exemption.’’ The statute                  satisfaction of the State.
                                                  the prescribed vision requirement in                     also allows the Agency to renew                          While possessing a valid CDL or non-
                                                  one eye. The Agency has concluded that                   exemptions at the end of the two year                 CDL, these ten drivers have been
                                                  granting these exemptions will provide                   period. Accordingly, FMCSA has                        authorized to drive a CMV in intrastate
                                                  a level of safety that is equivalent to or               evaluated the ten applications on their               commerce, even though their vision
                                                  greater than the level of safety                         merits and made a determination to                    disqualified them from driving in
                                                  maintained without the exemptions for                    grant exemptions to each of them.                     interstate commerce. They have driven
                                                  these CMV drivers.                                                                                             CMVs with their limited vision in
                                                                                                           III. Vision and Driving Experience of
                                                                                                                                                                 careers ranging for 5 to 35 years. In the
                                                  DATES: The exemptions were granted                       the Applicants
                                                                                                                                                                 past three years, no drivers were
                                                  June 27, 2017. The exemptions expire                        The vision requirement in the                      involved in crashes and no drivers were
                                                  on June 27, 2019.                                        FMCSRs provides:                                      convicted of moving violations in a
                                                                                                              A person is physically qualified to                CMV.
                                                  FOR FURTHER INFORMATION CONTACT:      Ms.
                                                                                                           drive a commercial motor vehicle if that                 The qualifications, experience, and
                                                  Christine A. Hydock, Chief, Medical
                                                                                                           person has distant visual acuity of at                medical condition of each applicant
                                                  Programs Division, (202) 366–4001,
                                                                                                           least 20/40 (Snellen) in each eye                     were stated and discussed in detail in
                                                  fmcsamedical@dot.gov, FMCSA,
                                                                                                           without corrective lenses or visual                   the May 26, 2017, notice (82 FR 24430).
                                                  Department of Transportation, 1200
                                                                                                           acuity separately corrected to 20/40
                                                  New Jersey Avenue SE., Room W64–                                                                               IV. Basis for Exemption Determination
                                                                                                           (Snellen) or better with corrective
                                                  113, Washington, DC 20590–0001.
                                                                                                           lenses, distant binocular acuity of a least             Under 49 U.S.C. 31136(e) and 31315,
mstockstill on DSK30JT082PROD with NOTICES




                                                  Office hours are 8:30 a.m. to 5 p.m.,
                                                                                                           20/40 (Snellen) in both eyes with or                  FMCSA may grant an exemption from
                                                  E.T., Monday through Friday, except
                                                                                                           without corrective lenses, field of vision            the vision requirement in 49 CFR
                                                  Federal holidays. If you have questions
                                                                                                           of at least 70° in the horizontal meridian            391.41(b)(10) if the exemption is likely
                                                  regarding viewing or submitting
                                                                                                           in each eye, and the ability to recognize             to achieve an equivalent or greater level
                                                  material to the docket, contact Docket
                                                                                                           the colors of traffic signals and devices             of safety than would be achieved
                                                  Services, telephone (202) 366–9826.
                                                                                                           showing red, green, and amber (49 CFR                 without the exemption. Without the
                                                  SUPPLEMENTARY INFORMATION:                               391.41(b)(10)).                                       exemption, applicants will continue to


                                             VerDate Sep<11>2014   19:17 Jul 26, 2017   Jkt 241001   PO 00000   Frm 00128   Fmt 4703   Sfmt 4703   E:\FR\FM\27JYN1.SGM   27JYN1


                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                          35051

                                                  be restricted to intrastate driving. With                probability of an individual                          applicants listed in the notice of May
                                                  the exemption, applicants can drive in                   experiencing future crashes (See Weber,               26, 2017 (82 FR 24430).
                                                  interstate commerce. Thus, our analysis                  Donald C., ‘‘Accident Rate Potential: An                 We recognize that the vision of an
                                                  focuses on whether an equal or greater                   Application of Multiple Regression                    applicant may change and affect his/her
                                                  level of safety is likely to be achieved by              Analysis of a Poisson Process,’’ Journal              ability to operate a CMV as safely as in
                                                  permitting each of these drivers to drive                of American Statistical Association,                  the past. As a condition of the
                                                  in interstate commerce as opposed to                     June 1971). A 1964 California Driver                  exemption, therefore, FMCSA will
                                                  restricting him or her to driving in                     Record Study prepared by the California               impose requirements on the ten
                                                  intrastate commerce.                                     Department of Motor Vehicles                          individuals consistent with the
                                                     To evaluate the effect of these                       concluded that the best overall crash                 grandfathering provisions applied to
                                                  exemptions on safety, FMCSA                              predictor for both concurrent and                     drivers who participated in the
                                                  considered the medical reports about                     nonconcurrent events is the number of                 Agency’s vision waiver program.
                                                  the applicants’ vision as well as their                  single convictions. This study used                      Those requirements are found at 49
                                                  driving records and experience with the                  three consecutive years of data,                      CFR 391.64(b) and include the
                                                  vision deficiency.                                       comparing the experiences of drivers in               following: (1) That each individual be
                                                     To qualify for an exemption from the                  the first two years with their                        physically examined every year (a) by
                                                  vision requirement, FMCSA requires a                     experiences in the final year.                        an ophthalmologist or optometrist who
                                                  person to present verifiable evidence                       Applying principles from these                     attests that the vision in the better eye
                                                  that he/she has driven a commercial                      studies to the past three year record of              continues to meet the requirement in 49
                                                  vehicle safely with the vision deficiency                the ten applicants, no drivers were                   CFR 391.41(b)(10) and (b) by a medical
                                                  for the past three years. Recent driving                 involved in crashes and no drivers were               examiner who attests that the individual
                                                  performance is especially important in                   convicted of moving violations in a                   is otherwise physically qualified under
                                                  evaluating future safety, according to                   CMV. All the applicants achieved a                    49 CFR 391.41; (2) that each individual
                                                  several research studies designed to                     record of safety while driving with their             provide a copy of the ophthalmologist’s
                                                  correlate past and future driving                        vision impairment, demonstrating the                  or optometrist’s report to the medical
                                                  performance. Results of these studies                    likelihood that they have adapted their               examiner at the time oaf the annual
                                                  support the principle that the best                      driving skills to accommodate their                   medical examination; and (3) that each
                                                  predictor of future performance by a                     condition. As the applicants’ ample                   individual provide a copy of the annual
                                                  driver is his/her past record of crashes                 driving histories with their vision                   medical certification to the employer for
                                                  and traffic violations. Copies of the                    deficiencies are good predictors of                   retention in the driver’s qualification
                                                  studies may be found at Docket Number                    future performance, FMCSA concludes                   file, or keep a copy in his/her driver’s
                                                  FMCSA–1998–3637.                                         their ability to drive safely can be                  qualification file if he/she is self-
                                                     FMCSA believes it can properly apply                  projected into the future.                            employed. The driver must have a copy
                                                  the principle to monocular drivers,                         We believe that the applicants’
                                                                                                                                                                 of the certification when driving, for
                                                  because data from the Federal Highway                    intrastate driving experience and history
                                                  Administration’s (FHWA) former waiver                                                                          presentation to a duly authorized
                                                                                                           provide an adequate basis for predicting
                                                  study program clearly demonstrate the                                                                          Federal, State, or local enforcement
                                                                                                           their ability to drive safely in interstate
                                                  driving performance of experienced                                                                             official.
                                                                                                           commerce. Intrastate driving, like
                                                  monocular drivers in the program is                      interstate operations, involves                       V. Discussion of Comments
                                                  better than that of all CMV drivers                      substantial driving on highways on the                   FMCSA received one comment in this
                                                  collectively (See 61 FR 13338, 13345,                    interstate system and on other roads                  proceeding. Simon Batter stated the he
                                                  March 26, 1996). The fact that                           built to interstate standards. Moreover,              has worked with Blaine Dickman for 19
                                                  experienced monocular drivers                            driving in congested urban areas
                                                                                                                                                                 years and has never seen or heard of any
                                                  demonstrated safe driving records in the                 exposes the driver to more pedestrian
                                                                                                                                                                 issues related to his monocular vision.
                                                  waiver program supports a conclusion                     and vehicular traffic than exists on
                                                  that other monocular drivers, meeting                    interstate highways. Faster reaction to               IV. Conclusion
                                                  the same qualifying conditions as those                  traffic and traffic signals is generally                 Based upon its evaluation of the ten
                                                  required by the waiver program, are also                 required because distances between                    exemption applications, FMCSA
                                                  likely to have adapted to their vision                   them are more compact. These                          exempts the following drivers from the
                                                  deficiency and will continue to operate                  conditions tax visual capacity and                    vision requirement in 49 CFR
                                                  safely.                                                  driver response just as intensely as
                                                     The first major research correlating                                                                        391.41(b)(10):
                                                                                                           interstate driving conditions. The
                                                  past and future performance was done                     veteran drivers in this proceeding have               Blaine R. Dickman (NV)
                                                  in England by Greenwood and Yule in                      operated CMVs safely under those                      Sean J. Dornin (PA)
                                                  1920. Subsequent studies, building on                    conditions for at least three years, most             Wade J. Jandreau (ME)
                                                  that model, concluded that crash rates                   for much longer. Their experience and                 Eric C. Johnson (WI)
                                                  for the same individual exposed to                       driving records lead us to believe that               Thomas M. Leonard (PA)
                                                  certain risks for two different time                     each applicant is capable of operating in             James Q. Meeks, Jr. (GA)
                                                  periods vary only slightly (See Bates                    interstate commerce as safely as he/she               Al V. Nowviock (IL)
                                                  and Neyman, University of California                     has been performing in intrastate                     Hubert O. Pollard (ND)
                                                  Publications in Statistics, April 1952).                 commerce. Consequently, FMCSA finds                   Daniel L. Troop (MI)
                                                  Other studies demonstrated theories of                   that exempting these applicants from                  Jeffrey Waterbury (NY)
mstockstill on DSK30JT082PROD with NOTICES




                                                  predicting crash proneness from crash                    the vision requirement in 49 CFR                         In accordance with 49 U.S.C. 31136(e)
                                                  history coupled with other factors.                      391.41(b)(10) is likely to achieve a level            and 31315, each exemption will be valid
                                                  These factors—such as age, sex,                          of safety equal to that existing without              for two years unless revoked earlier by
                                                  geographic location, mileage driven and                  the exemption. For this reason, the                   FMCSA. The exemption will be revoked
                                                  conviction history—are used every day                    Agency is granting the exemptions for                 if: (1) The person fails to comply with
                                                  by insurance companies and motor                         the two year period allowed by 49                     the terms and conditions of the
                                                  vehicle bureaus to predict the                           U.S.C. 31136(e) and 31315 to the ten                  exemption; (2) the exemption has


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                                                  35052                          Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

                                                  resulted in a lower level of safety than                 states that of those railroads, 5 safely              by FRA before final action is taken.
                                                  was maintained before it was granted; or                 transport more hazmat than GDLK.                      Comments received after that date will
                                                  (3) continuation of the exemption would                  GDLK conducts ultrasonic rail and                     be considered as far as practicable.
                                                  not be consistent with the goals and                     geometry testing twice per year over the                Anyone can search the electronic
                                                  objectives of 49 U.S.C. 31136 and 31315.                 entire railroad. GDLK operates to the                 form of any written communications
                                                    If the exemption is still effective at the             north of subject trackage from milepost               and comments received into any of our
                                                  end of the two year period, the person                   33 to milepost 102.3 a mix of TWC and                 dockets by the name of the individual
                                                  may apply to FMCSA for a renewal                         yard limits (YL). There are two manual                submitting the comment (or signing the
                                                  under procedures in effect at that time.                 interlockings on the north section of                 document, if submitted on behalf of an
                                                    Issued on: July 19, 2017.                              track using TWC as an acceptable                      association, business, labor union, etc.).
                                                                                                           method of operation. TWC is the                       In accordance with 5 U.S.C. 553(c), DOT
                                                  Larry W. Minor,
                                                                                                           method of operation used by all                       solicits comments from the public to
                                                  Associate Administrator for Policy.                      dispatched Watco railroads, including                 better inform its processes. DOT posts
                                                  [FR Doc. 2017–15839 Filed 7–26–17; 8:45 am]              parts of the GDLK. Watco states that the              these comments, without edit, including
                                                  BILLING CODE 4910–EX–P                                   discontinuance of the TCS section and                 any personal information the
                                                                                                           converting it to TWC maintains the                    commenter provides, to
                                                                                                           consistency of dispatching and                        www.regulations.gov, as described in
                                                  DEPARTMENT OF TRANSPORTATION                             standardization of training for the                   the system of records notice (DOT/ALL–
                                                                                                           GDLK, and will provide a higher level                 14 FDMS), which can be reviewed at
                                                  Federal Railroad Administration
                                                                                                           of safety through simplified operations               https://www.transportation.gov/privacy.
                                                  [Docket Number FRA–2016–0058]                            by having one method of controlled                    See also https://www.regulations.gov/
                                                                                                           operation rather than the two it has                  privacyNotice for the privacy notice of
                                                  Notice of Application for Approval of                    now. Watco further states that this                   regulations.gov.
                                                  Discontinuance or Modification of a                      consistency and standardization of
                                                  Railroad Signal System                                   dispatching and training will enhance                 Robert C. Lauby,
                                                                                                           the safety of GDLK operations.                        Associate Administrator for Railroad Safety,
                                                     Under part 235 of Title 49 of the Code                                                                      Chief Safety Officer.
                                                  of Federal Regulations (CFR) and 49                         A copy of the petition, as well as any
                                                                                                           written communications concerning the                 [FR Doc. 2017–15789 Filed 7–26–17; 8:45 am]
                                                  U.S.C. 20502(a), this provides the public
                                                  notice that on June 30, 2017, Watco                      petition, is available for review online at           BILLING CODE 4910–06–P

                                                  Companies LLC (Watco) petitioned the                     www.regulatons.gov and in person at the
                                                  Federal Railroad Administration (FRA)                    U.S. Department of Transportation’s
                                                                                                           Docket Operations Facility, 1200 New                  DEPARTMENT OF TRANSPORTATION
                                                  seeking reconsideration of a decision
                                                  regarding the discontinuance or                          Jersey Avenue SE., W12–140,
                                                                                                           Washington, DC 20590. The Docket                      Federal Railroad Administration
                                                  modification of a signal system. FRA
                                                  assigned the petition Docket Number                      Operations Facility is open from 9 a.m.               [Docket Number FRA–2017–0059]
                                                  FRA–2016–0058.                                           to 5 p.m., Monday through Friday,
                                                                                                           except Federal Holidays.                              Petition for Waiver of Compliance
                                                     Applicant: Watco Companies LLC,
                                                                                                              Interested parties are invited to
                                                  Anthony Cox, VP of Engineering, 315 E.                                                                           Under part 211 of Title 49 of the Code
                                                                                                           participate in these proceedings by
                                                  3rd St., Pittsburg, KS 66762.                                                                                  of Federal Regulations (CFR), this
                                                                                                           submitting written views, data, or
                                                     Watco is the owner-operator of the                                                                          provides the public notice that on June
                                                                                                           comments. FRA does not anticipate
                                                  Grand Elk Railroad LLC (GDLK), which                                                                           27, 2017 the San Bernardino Railroad
                                                                                                           scheduling a public hearing in
                                                  operates on track that is currently leased                                                                     Historical Society Inc. (SBRHS)
                                                                                                           connection with these proceedings since
                                                  from Norfolk Southern Railway                                                                                  petitioned the Federal Railroad
                                                                                                           the facts do not appear to warrant a
                                                  Company (NS). Watco requests                                                                                   Administration (FRA) for a waiver of
                                                                                                           hearing. If any interested parties desire
                                                  reconsideration under 49 CFR 235.13(a)                                                                         compliance from certain provisions of
                                                                                                           an opportunity for oral comment, they
                                                  of FRA’s denial of its application to                                                                          the Federal railroad safety regulations
                                                                                                           should notify FRA, in writing, before
                                                  discontinue and remove the traffic                                                                             contained at 49 CFR part 230, Steam
                                                                                                           the end of the comment period and
                                                  control system (TCS) from mile post                                                                            Locomotive Inspection and
                                                                                                           specify the basis for their request.
                                                  (MP) 33.00 at Park, in Grand Rapids, MI                     All communications concerning these                Maintenance Standards. FRA assigned
                                                  to MP 1.4 at the end of GDLK, in                         proceedings should identify the                       the petition docket number FRA–2017–
                                                  Elkhart, IN. FRA issued its decision                     appropriate docket number and may be                  0059.
                                                  letter denying the application on                        submitted by any of the following                       SBRHS maintains and operates No.
                                                  November 29, 2016, and issued a second                   methods:                                              3751, a 4–8–4 ‘‘Northern’’ type steam
                                                  letter to clarify the basis of its decision                 • Web site: http://                                locomotive built by the Baldwin
                                                  on January 10, 2017.                                     www.regulations.gov. Follow the online                Locomotive Works in 1927 for the
                                                     Based on new facts and new evidence,                  instructions for submitting comments.                 Atchison, Topeka & Santa Fe Railroad.
                                                  Watco is seeking reconsideration of its                     • Fax: 202–493–2251.                               SBRHS requests relief from performing
                                                  application on behalf of GDLK. Watco                        • Mail: Docket Operations Facility,                the 1472 service day inspection (SDI),
                                                  asserts that FRA’s Railroad Safety Board                 U.S. Department of Transportation, 1200               for No. 3751, as it pertains to the
                                                  (Board) based its denial on erroneous                    New Jersey Avenue SE., W12–140,                       inspection of the boiler every 15
                                                  information. Watco believes the                          Washington, DC 20590.                                 calendar years or 1472 service days
mstockstill on DSK30JT082PROD with NOTICES




                                                  hazardous materials (hazmat)                                • Hand Delivery: 1200 New Jersey                   under 49 CFR 230.17—One thousand
                                                  information provided in the field report                 Avenue, SE., Room W12–140,                            four hundred seventy-two (1472) service
                                                  considered by the Board was out of date                  Washington, DC 20590, between 9 a.m.                  day inspection. SBRHS is requesting an
                                                  or incorrect.                                            and 5 p.m., Monday through Friday,                    additional 139 calendar days before
                                                     Watco owns and operates 20 railroads                  except Federal Holidays.                              performing a 1472 SDI. The previous
                                                  on 3570 miles of main line that is track                    Communications received by                         SDI was performed on August 14, 2002.
                                                  warrant controlled (TWC) and Watco                       September 11, 2017 will be considered                 Granting relief will allow No. 3751 an


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Document Created: 2017-07-27 02:07:01
Document Modified: 2017-07-27 02:07:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were granted June 27, 2017. The exemptions expire on June 27, 2019.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., E.T., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 35050 

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