Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 545 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7918; FMCSA– 

2001–10578; FMCSA–2003–15268; FMCSA– 

2003–15892; FMCSA–2005–21711; FMCSA– 

2005–22194; FMCSA–2005–22727; FMCSA– 

2006–25246; FMCSA–2007–0017] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 19 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective January 

27, 2012. Comments must be received 

on or before February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2000–7918; FMCSA–2001–10578; 

FMCSA–2003–15268; FMCSA–2003– 

15892; FMCSA–2005–21711; FMCSA– 

2005–22194; FMCSA–2005–22727; 

FMCSA–2006–25246; FMCSA–2007– 

0017, using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line 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., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–(202) 493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time 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., Monday through 

Friday, except Federal holidays. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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 DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Divison, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, 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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

Exemption Decision 

This notice addresses 19 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

19 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Donald J. Bierwith, Jr. (CT) 

Arthur L. Bousema (CA) 

Norman E. Braden (CO) 

Theodore W. Cozat (MI) 

Matthew W. Daggs (MO) 

Donald R. Date, Jr. (MD) 

Gordon R. Fritz (WI) 

Ronald K. Fultz (KY) 

John E. Kimmet, Jr. (WA) 

Robert S. Larrance (TN) 

Robert C. Leathers (MO) 

Jason L. Light (WA) 

Donald R. McCracken (OR) 

Kenneth R. Murphy (WA) 

Michael J. Richard (LA) 

Robert E. Sanders (LA) 

Robert A. Sherry (PA) 

Stephen G. Sniffin (CT) 

John R. Snyder (WA) 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements 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 provides a copy of the 

ophthalmologist’s or optometrist’s 

report to the medical examiner at the 

time of 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 and retains a 

copy of the certification on his/her 

person while driving for presentation to 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has 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(e) and 31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 19 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 66286; 66 FR 

13825; 66 FR 53826; 66 FR 66966; 68 FR 


emcdonald on DSK5VPTVN1PROD with NOTICES
546 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

10300; 68 FR 37197; 68 FR 48989; 68 FR 

52811; 68 FR 61860; 68 FR 69434; 70 FR 

41811; 70 FR 48797; 70 FR 57353; 70 FR 

61165; 70 FR 61493; 70 FR 71884; 70 FR 

72689; 71 FR 646; 71 FR 4632; 72 FR 

180; 72 FR 9397; 72 FR 52422; 72 FR 

58359; 72 FR 62897; 72 FR 67340; 72 FR 

71995; 73 FR 5259; 74 FR 34394; 74 FR 

60021; 74 FR 65845; 74 FR 64124; 75 FR 

1451). Each of these 19 applicants has 

requested renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the requirement specified at 49 

CFR 391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption 

requirements. These factors provide an 

adequate basis for predicting each 

driver’s ability to continue to drive 

safely in interstate commerce. 

Therefore, FMCSA concludes that 

extending the exemption for each 

renewal applicant for a period of two 

years is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by February 6, 

2012. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 19 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: December 27, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33783 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 23] 

Adjustment of Nationwide Significant 

Risk Threshold 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of adjustment of 

nationwide significant risk threshold. 

SUMMARY: In accordance with Appendix 

D to Title 49 Code of Federal 

Regulations (CFR) Part 222, Use of 

Locomotive Horns at Highway-Rail 

Grade Crossings, FRA is updating the 

Nationwide Significant Risk Threshold 

(NSRT). This action is needed to ensure 

that the public has the proper threshold 

of permissible risk for calculating quiet 

zones established in relationship to the 

NSRT. This is the fifth update to the 

NSRT, which has fallen from 14,007 to 

13,722. 

DATES: The effective date is January 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Ries, Office of Railroad Safety, 

FRA, 1200 New Jersey Avenue SE., 

Washington, DC 20590, (202) 493–6299, 

or Ronald.Ries@dot.gov; or Kathryn 

Shelton, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, (202) 493–6038, 

or Kathryn.Shelton@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The NSRT is an average of the risk 

indexes for gated public crossings 

nationwide where train horns are 

routinely sounded. FRA developed this 

risk index to serve as one threshold of 

permissible risk for quiet zones 

established under this rule across the 

nation. Thus, a community that is trying 

to establish and/or maintain its quiet 

zone, pursuant to 49 CFR Part 222, can 

compare the Quiet Zone Risk Index 

calculated for its specific crossing 

corridor to the NSRT to determine 

whether sufficient measures have been 

taken to compensate for the excess risk 

that results from prohibiting routine 

sounding of the locomotive horn. (In the 

alternative, a community can establish 

its quiet zone in comparison to the Risk 

Index With Horns, which is a corridorspecific measure of risk to the motoring 

public when locomotive horns are 

routinely sounded at every public 

highway-rail grade crossing within the 

quiet zone.) 

In 2006, when the final rule titled, 

‘‘Use of Locomotive Horns at HighwayRail Grade Crossings,’’ was amended, 

the NSRT was 17,030 (71 FR 47614, 

August 17, 2006). In 2007, FRA 

recalculated the NSRT to be 19,047 (72 

FR 14850, March 29, 2007). In 2008, 

FRA recalculated the NSRT to be 17,610 

(73 FR 30661, May 28, 2008). In 2009, 

FRA recalculated the NSRT to be 18,775 

(74 FR 45270, September 1, 2009). In 

2010, FRA recalculated the NSRT to be 

14,007 (75 FR 82136, December 29, 

2010). 

New NSRT 

Using collision data from 2006 to 

2010, FRA has recalculated the NSRT 

based on formulas identified in 

Appendix D to 49 CFR part 222. In 

making this recalculation, FRA noted 

that the total number of gated, nonwhistle-ban crossings was 42,150. 


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