70078 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) 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 (4) 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. 

Conclusion 

Based upon its evaluation of the 

thirty-two exemption applications, 

FMCSA exempts, Shale W. Anderson, 

Charles L. Arnburg, Ronald D. Ayers, 

Kenneth F. Blessing, Ronald A. Boyle, 

Garrett D. Couch, Stanley P. Eickhoff, 

Peter B. Galvin, Mark W. Garver, 

Richard S. Jackson, Alfred K. Kataoka, 

Donald S. Keller, Edwin I. Longstreth, 

Jason M. Luper, Craig S. Lynn, George 

M. Michael, Jr., Thomas J. Millard, 

Travis F. Moon, Kenneth M. Pachniak, 

Robert M. Pardoe, James A. Patchett, 

Joseph D. Pfandner, Harold L. Phillips, 

William Rhoten, Jr., Heath A. Senkel, 

Ronald R. Unruh, Norman J. Vantuyle, 

II., Danny E. Vawn, John M. Warden, 

Donald E. Weadon, Douglas W. 

Williams, Thomas A. Woehrle from the 

ITDM standard in 49 CFR 391.41(b)(3), 

subject to the conditions listed under 

‘‘Conditions and Requirements’’ above. 

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 

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. 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: November 4, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–28708 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0201] 

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 15 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The exemptions will enable 

these individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision standard. 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 are effective 

November 16, 2010. The exemptions 

expire on November 16, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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: 

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 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 

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. 

Background 

On September 9, 2010, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (75 FR 54958). That 

notice listed 15 applicants’ case 

histories. The 15 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 

2-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 2-year period. 

Accordingly, FMCSA has evaluated the 

15 applications on their merits and 

made a determination to grant 

exemptions to each of them. 

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 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 

and devices showing standard red, 

green, and amber (49 CFR 

391.41(b)(10)). 

FMCSA recognizes that some drivers 

do not meet the vision standard, but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. The 15 exemption applicants 

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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70079 

listed in this notice are in this category. 

They are unable to meet the vision 

standard in one eye for various reasons, 

including amblyopia, complete loss of 

vision, loss of an eye, macular scarring 

and prosthesis. In most cases, their eye 

conditions were not recently developed. 

11 of the applicants were either born 

with their vision impairments or have 

had them since childhood. The 4 

individuals who sustained their vision 

conditions as adults have had them for 

periods ranging from 20 to 29 years. 

Although each applicant has one eye 

which does not meet the vision standard 

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 standards for their State of 

residence. By meeting State licensing 

requirements, the applicants 

demonstrated their ability to operate a 

commercial vehicle, with their limited 

vision, to the satisfaction of the State. 

While possessing a valid CDL or nonCDL, these 15 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 for 

careers ranging from 4 to 45 years. In the 

past 3 years, 5 of the drivers were 

involved in crashes or convicted of 

moving violations in a CMV. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the September 9, 2010 notice (75 FR 

54958). 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the vision standard 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 

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 not only the medical reports 

about the applicants’ vision, but also 

their driving records and experience 

with the vision deficiency. 

To qualify for an exemption from the 

vision standard, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past 3 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. 

We believe we 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 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 

15 applicants, one of the applicants had 

a traffic violation for speeding, one of 

the applicants was cited for a cell phone 

violation, one of the applicants had a 

traffic violation for an improper turn at 

an intersection, one of the applicants 

had a traffic violation for operating a 

CMV while uninsured and one of the 

applicants was 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 15 applicants 

listed in the notice of September 9, 2010 

(75 FR 54958). 

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70080 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

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 15 

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. This comment was 

considered and discussed below. 

The Pennsylvania Department of 

Transportation stated that it was in 

favor of granting a Federal vision 

exemption to Mark E. Lapp. 

Conclusion 

Based upon its evaluation of the 15 

exemption applications, FMCSA 

exempts James B. Bierschbach, John P. 

Catalano, Tyrone O. Friese, Randy M. 

Lane, Mark E. Lapp, David S. Matheny, 

Frank G. Merrill, Shannon L. Puckett, 

Leo S. Ruiz, Jr., Ronald B. Shafer, 

Thomas M. Sharp, Ranjodh Singh, 

Kenneth M. Sova, Mark A. Thornton 

and Earl L. White, Jr., 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: November 8, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy and 

Program Development. 

[FR Doc. 2010–28712 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. EP 552 (Sub No. 2)] 

Notice of Railroad-Shipper 

Transportation Advisory Council 

Vacancies 

AGENCY: Surface Transportation Board 

(Board), DOT. 

ACTION: Notice of vacancies on the 

Railroad-Shipper Transportation 

Advisory Council (RSTAC) and 

solicitation of nominations. 

SUMMARY: The Board hereby gives notice 

of 2 vacancies on RSTAC for: (1) A 

representative of a Class I railroad; and 

(2) a representative of a small shipper. 

The Board is soliciting suggestions for 

candidates to fill these vacancies. 

DATES: Suggestions of candidates for 

membership on RSTAC are due on 

December 13, 2010. 

ADDRESSES: Suggestions may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the EFILING link on the Board’s website, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 526 (SubNo. 2), 395 E Street, SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Brian O’Boyle at 202–245–0536. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: The 

Board, created by Congress in 1996 to 

take over many of the functions 

previously performed by the Interstate 

Commerce Commission, exercises broad 

authority over transportation by rail 

carriers, including regulation of freight 

railroad rates and service (49 U.S.C. 

10701–10747, 11101–11124), as well as 

the construction, acquisition, operation, 

and abandonment of rail lines (49 U.S.C. 

10901–10907) and railroad line sales, 

consolidations, mergers, and common 

control arrangements (49 U.S.C. 10902, 

11323–11327). 

RSTAC was established upon the 

enactment of the ICC Termination Act of 

1995 (ICCTA), on December 29, 1995, to 

advise the Board’s Chairman, the 

Secretary of Transportation, the 

Committee on Commerce, Science, and 

Transportation of the Senate, and the 

Committee on Transportation and 

Infrastructure of the House of 

Representatives, with respect to rail 

transportation policy issues that RSTAC 

considers significant. RSTAC focuses on 

issues of importance to small shippers 

and small railroads, including car 

supply, rates, competition, and 

procedures for addressing claims. 

ICCTA directs RSTAC to develop 

private-sector mechanisms to prevent, 

or identify and address, obstacles to the 

most effective and efficient 

transportation system practicable. The 

Secretary of Transportation and the 

members of the Board cooperate with 

RSTAC in providing research, technical, 

and other reasonable support. RSTAC 

also prepares an annual report 

concerning its activities and 

recommendations on whatever 

regulatory or legislative relief it 

considers appropriate. RSTAC is not 

subject to the Federal Advisory 

Committee Act. 

RSTAC consists of 19 members. Of 

this number, 15 members are appointed 

by the Chairman of the Board, and the 

remaining 4 members are the Secretary 

of Transportation and the Members of 

the Board, who serve as ex officio, 

nonvoting members. Of the 15 members 

to be appointed, 9 members are voting 

members and are appointed from senior 

executive officers of organizations 

engaged in the railroad and rail 

shipping industries. At least 4 of the 

voting members must be representatives 

of small shippers, as determined by the 

Chairman, and at least 4 of the voting 

members must be representatives of 

Class II or III railroads. The remaining 

6 members to be appointed—3 

representing Class I railroads and 3 

representing large shipper 

organizations—serve in a nonvoting, 

advisory capacity, but are entitled to 

participate in RSTAC deliberations. 

RSTAC is required by statute to meet 

at least semiannually, and has chosen to 

meet 4 times in 2011, with the first 

meeting tentatively scheduled in March 

2011. Meetings are generally held at the 

Board’s headquarters in Washington, 

DC, although some may be held in other 

locations. 

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