2192 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices 

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 3 

consecutive years of data, comparing the 

experiences of drivers in the first 2 years 

with their experiences in the final year. 

Applying principles from these 

studies to the past 3-year record of the 

46 applicants, four of the applicants 

were convicted for a moving violation 

and five of the applicants were involved 

in a crash. 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 3 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 standard 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 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the 46 applicants 

listed in the notice of November 26, 

2010 (75 FR 72863). 

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 46 

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 standard 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 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, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was 

considered and discussed below. 

The Pennsylvania Department of 

Transportation stated that it was in 

favor of granting Federal vision 

exemptions to Terry L. Anderson and 

Scott C. Geiter. 

Conclusion 

Based upon its evaluation of the 46 

exemption applications, FMCSA 

exempts, Charles H. Akers, Jr., David B. 

Albers, Sr., Kurtis A. Anderson, Terry L. 

Anderson, Grover h. Baelz, Sammy J. 

Barada, Kenneth L. Bowers, Jr., Timothy 

Bradford, Donald G. Brock, Jr., Anthony 

D. Buck, Cody W. Cook, Marvin R. Daly, 

Douglas R. Duncan, Douglas K. Esp, 

Roger C. Evans, II, Jevont D. Fells, 

Steven C. Fox, Scott C. Geiter, Gary 

Golson, Donald L. Hamrick, Eugene W. 

Harnisch, Ronnie E. Henderson, Clinton 

L. Hines, Jr., Steve D. James, Matthew C. 

Kalebaugh, Keith A. Larson, Brent E. 

Lewis, Timothy R. McCullugh, Marcus 

McMillin, George C. Milks, Daniel R. 

Murphy, Joseph M. Palmer, Garrick D. 

Pitts, Gary W. Robey, Jonathan C. 

Rollings, Preston S. Salisbury, Victor M. 

Santana, Kevin W. Schaffer, Gerald E. 

Skalitzky, Allen W. Smith, Robert B. 

Steinmetz, George A. Teti, Calvin J. 

Wallace, II, David W. Ward, Ralph W. 

York, Richard L. Zacher from the vision 

requirement in 49 CFR 391.41(b)(10), 

subject to the requirements cited above 

(49 CFR 391.64(b)). 

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

and 31315, each exemption will be valid 

for 2 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 

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 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: December 30, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–241 Filed 1–11–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from Saul Ewing LLP 

on behalf of Trinity Industries, Inc. 

(WB605–7–09/20/10) for permission to 

use certain data from the Board’s 2009 

Carload Waybill Sample. A copy of this 

request may be obtained from the Office 

of Economics. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics within 14 

calendar days of the date of this notice. 

The rules for release of waybill data are 

codified at 49 CFR 1244.9. 

Contact: Scott Decker, (202) 245–0330 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2011–450 Filed 1–11–11; 8:45 am] 

BILLING CODE 4915–01–P 

mstockstill on DSKH9S0YB1PROD with NOTICES