50318 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 

order to be eligible for funding of any 

Expanded CVISN deployment project(s), 

a State must have its most current 

Expanded CVISN Program Plan and 

Top-Level Design approved by FMCSA 

and any proposed Expanded CVISN 

project(s) should be consistent with its 

Expanded CVISN Program Plan and 

Top-Level Design. If a State does not 

have an existing or up-to-date Expanded 

CVISN Program Plan and Top-Level 

Design, it may apply for up to $100,000 

in funds to either compile or update an 

Expanded CVISN Program Plan and 

Top-Level Design. CVISN grant 

applications must be submitted 

electronically through grants.gov. 

Awards for approved CVISN grant 

applications are made to all Core CVISN 

applicants first and then to Expanded 

CVISN applicants. States must provide 

a match of 50 percent. 

Application Information for FY 2012 

Grants 

General information about the 

FMCSA grant programs is available in 

the Catalog of Federal Domestic 

Assistance (CFDA) which can be found 

on the Internet at http://www.cfda.gov. 

To apply for funding, applicants must 

register with grants.gov at http:// 

www.grants.gov/applicants/ 

get_registered.jsp and submit an 

application in accordance with 

instructions provided. 

Evaluation Factors: The following 

evaluation factors will be used in 

reviewing the applications for all 

FMCSA discretionary grants: 

(1) Prior performance—Completion of 

identified programs and goals per the 

project plan. 

(2) Effective Use of Prior Grants— 

Demonstrated timely use and expensing 

of available funds. 

(3) Cost Effectiveness—Applications 

will be evaluated and prioritized on the 

basis of expected impact on safety 

relative to the investment of grant funds. 

Where appropriate, costs per unit will 

be calculated and compared with 

national averages to determine 

effectiveness. In other areas, proposed 

costs will be compared with historical 

information to confirm reasonableness. 

(4) Applicability to announced 

priorities—If national priorities are 

included in the grants.gov notice, those 

grants that specifically address these 

issues will be given priority 

consideration. 

(5) Ability of the applicant to support 

the strategies and activities in the 

proposal for the entire project period of 

performance. 

(6) Use of innovative approaches in 

executing a project plan to address 

identified safety issues. 

(7) Feasibility of overall program 

coordination and implementation based 

upon the project plan. 

(8) Any grant-specific evaluation 

factors, such as program balance or 

geographic diversity, will be included in 

the grants.gov application information. 

Estimated Application Due Dates: For 

the following grant programs, FMCSA 

will consider funding complete 

applications or plans submitted by the 

following anticipated dates (final due 

dates will be indicated in the grants.gov 

funding opportunity notice): 

MCSAP Basic and Incentive Grants— 

August 1, 2011. 

Border Enforcement Grants—September 

12, 2011. 

MCSAP High Priority Grants—October 

17, 2011. 

New Entrant Safety Audit Grants— 

October 17, 2011. 

SaDIP Grants—October 31, 2011. 

CDLPI Grants—November 14, 2011. 

CMV Operator Safety Training Grants— 

December 5, 2011. 

CVISN Grants—December 5, 2011. 

PRISM Grants—December 12, 2012. 

Applications submitted after due dates 

may be considered on a case-by-case 

basis and are subject to availability of 

funds. 

Issued on: August 8, 2011. 

Anna J. Amos, 

Director, Office of Safety Programs. 

[FR Doc. 2011–20557 Filed 8–11–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0140] 

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 17 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 

August 12, 2011. The exemptions expire 

on August 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, 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 June 24, 2011, FMCSA published 

a notice of receipt of exemption 

applications from certain individuals, 

and requested comments from the 

public (76 FR 37169). That notice listed 

17 applicants’ case histories. The 17 

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 

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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 50319 

17 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 a 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 17 exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

standard in one eye for various reasons, 

including complete loss of vision, 

prosthesis retinal vein occlusion, retinal 

scaring, retinal coloboma, amblyopia, 

histoplasmosis, cataract, corneal 

transplantation, corneal scaring and 

Eales’ disease. In most cases, their eye 

conditions were not recently developed. 

Ten of the applicants were either born 

with their vision impairments or have 

had them since childhood. The 7 

individuals who sustained their vision 

conditions as adults have had them for 

periods ranging from 2 to 36 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 17 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 3 to 45 years. In the 

past 3 years, one of the drivers was 

involved in a crash and one of the 

drivers was convicted of a moving 

violation in a CMV. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the June 24, 2011 notice (76 FR 37169). 

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 

17 applicants, one of the applicants was 

involved in a crash and one of the 

applicants was convicted of a moving 

violation 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 

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50320 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 

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 17 applicants 

listed in the notice of June 24, 2011 (76 

FR 37169). 

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 17 

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 no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 17 

exemption applications, FMCSA 

exempts, Danny F. Burnley, Bruce A. 

Cameron, Charles E. Carter, Ronald J. 

Claud, Stewart K. Clayton, Sean R. 

Conorman, Jackie R. Frederick; Robert E. 

Graves, Brian P. Millard, Steven D. 

Nash, Merle M. Price, Terrence F. Ryan, 

Kirby R. Sands, Dennis W. Stubrich, 

Stephen W. Verrette, Joseph A. Wells 

and Leslie H. Wylie 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: August 5, 2011. 

Larry W. Minor, 

Associate Administrator Office of Policy. 

[FR Doc. 2011–20600 Filed 8–11–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2011–0001–N–10] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

renewal of the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements for 

clearance by the Office of Management 

and Budget (OMB), FRA is soliciting 

public comment on specific aspects of 

the activities identified below. 

DATES: Comments must be received no 

later than October 11, 2011. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 25, 

Washington, DC 20590, or Ms. Kimberly 

Toone, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number 2130–0008.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6479, or via e-mail to 

Mr. Brogan at Robert.Brogan@dot.gov, or 

to Ms. Toone at 

Kimberly.Toone@dot.gov. Please refer to 

the assigned OMB control number in 

any correspondence submitted. FRA 

will summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 21, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. Kimberly Toone, 

Office of Information Technology, RAD– 

20, Federal Railroad Administration, 

1200 New Jersey Ave., SE., Mail Stop 

35, Washington, DC 20590 (telephone: 

(202) 493–6132). (These telephone 

numbers are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law. 104–13, § 2, 109 

Stat. 163 (1995) (codified as revised at 

44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60-days notice to the public for 

comment on information collection 

activities before seeking approval for 

reinstatement or renewal by OMB. 44 

U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 

1320.10(e)(1), 1320.12(a). Specifically, 

FRA invites interested respondents to 

comment on the following summary of 

proposed information collection 

activities regarding (i) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (ii) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (iii) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (iv) ways for FRA to 

minimize the burden of information 

collection activities on the public by 

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