Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 5425 

industry, shipping industry, safety 

advocates, labor, and safety enforcement 

officials. Representatives of a single 

enumerated interest group may not 

constitute a majority of the Committee 

members. The Administrator designates 

a chairman of the Committee from 

among the members. 

Committee members must not be 

officers or employees of the Federal 

Government and serve without pay. The 

Administrator may allow a member, 

when attending meetings of the 

Committee or a subcommittee, 

reimbursement of expenses authorized 

under Section 5703 of Title 5, United 

States Code and the Federal Travel 

Regulation, 41 CFR part 301, relating to 

per diem, travel, and transportation. 

The President’s Memorandum of June 

18, 2010, concerning lobbyists on 

Agency boards and commissions (75 FR 

35995, 6/23/10) directed the heads of 

Executive departments and agencies 

‘‘not to make any new appointments or 

reappointments of federally registered 

lobbyists to advisory committees and 

other boards and commissions.’’ 

Pursuant to the President’s directive, 

FMCSA will not consider for 

appointment to the MCSAC any 

individual who is subject to the 

registration and reporting requirements 

of the Lobbying Disclosure Act (2 U.S.C. 

1605). 

The Designated Federal Officer 

anticipates calling Committee meetings 

approximately four times each year. 

Meetings are open to the general public, 

except as provided under the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App.). Notice of each meeting is 

published in the Federal Register at 

least 15 calendar days prior to the date 

of the meeting. 

II. Request for Nominations 

The FMCSA seeks nominations for 

membership to the MCSAC from among 

its stakeholder groups for 

representatives with specialized 

experience, education, or training in 

commercial motor vehicle safety issues. 

The Agency is required under FACA to 

appoint members of diverse views and 

interests to ensure the committee is 

balanced with appropriate consideration 

of background. All Committee members 

must be able to attend at least three to 

four meetings each year in person or by 

teleconference. Interested persons 

should have a commitment to 

transportation safety, knowledge of 

transportation issues, experience on 

panels that deal with transportation 

safety, and a record of collaboration and 

professional experience in commercial 

motor vehicle safety issues. 

On-line applications will be accepted 

for positions on the MCSAC. 

Applications may be obtained from the 

MCSAC Web site at http:// 

mcsac.fmcsa.dot.gov/, completed online, and e-mailed to Shannon L. 

Watson, MCSAC liaison, at 

Shannon.Watson@dot.gov. The Web site 

contains additional information on the 

MCSAC, including reports, meeting 

minutes, and membership information. 

Nominations must be received on or 

before March 2, 2011. 

Issued on: January 21, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–2104 Filed 1–28–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0385] 

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 24 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 

January 31, 2011. The exemptions 

expire on January 31, 2013. 

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 December 14, 2010, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (75 FR 77942). That 

notice listed 24 applicants’ case 

histories. The 24 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 

24 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
5426 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 

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 24 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 amblyopia, complete loss of 

vision, retinal detachment, macular 

degeneration, aphakia, corneal scarring, 

traumatic neuropathy, optic neuropathy, 

macular scarring, displaced pupil, and 

prosthesis. In most cases, their eye 

conditions were not recently developed. 

17 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 9 to 45 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 24 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 31⁄2 to 50 years. In 

the past 3 years, 6 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 December 14, 2010 notice (75 FR 

77942). 

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 

24 applicants, four of the applicants 

were convicted for a moving violation 

and three 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 5427 

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 24 applicants 

listed in the notice of December 14, 

2010 (75 FR 77942). 

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 24 

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 a Federal vision 

exemption to Bobby Sawyers. 

Conclusion 

Based upon its evaluation of the 24 

exemption applications, FMCSA 

exempts, Gary S. Alvarez, Wayne D. 

Bost, James M. Brasher, Marcus L. 

Conner, Joseph L. Dahlman, Brett K. 

Hasty, Fredrick A. Irby, Matthew B. 

Lairamore, Garry D. Layton, Boynton L. 

Manuel, Anthony W. Miller, Wesley G. 

Moore, Rocky Moorhead, Gary J. 

Peterson, Bernard J. Phillips, Michael J. 

Roberts, Alvaro F. Rodriguez, Bobby W. 

Sawyers, Lynn R. Schraeder, John R. 

Shaver, Myron A. Smith, Ricky L. Watts, 

Cameron R. Whitford, and Olen L. 

Williams, 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: January 26, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–2091 Filed 1–28–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

TIGGER and Clean Fuels Grant 

Program Funds 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: TIGGER and Clean Fuels Grant 

Program Announcement of Project 

Selections. 

SUMMARY: The U.S. Department of 

Transportation’s (DOT) Federal Transit 

Administration (FTA) announces the 

selection of projects funded in support 

of the Transit Investments for 

Greenhouse Gas and Energy Reduction 

(TIGGER) program and Clean Fuels 

Grant program which is enhanced with 

Section 5309 Bus and Bus Facilities 

program funds. This funding supports 

the U.S. Department of Transportation’s 

environmental sustainability efforts, 

which were announced in FTA’s notice 

of funding availability (NOFA) on April 

13, 2010. The TIGGER program makes 

funds available for capital investments 

that will reduce the energy consumption 

or greenhouse gas emissions of public 

transportation systems. The Clean Fuels 

Grant program makes funds available to 

assist nonattainment and maintenance 

areas in achieving or maintaining the 

National Ambient Air Quality Standards 

for ozone and carbon monoxide and 

supports emerging clean fuel and 

advanced propulsion technologies for 

transit buses and markets for those 

technologies. 

FOR FURTHER INFORMATION CONTACT: 

Successful applicants should contact 

the appropriate FTA Regional office 

(Appendix) for specific information 

regarding applying for the funds or 

proposal specific questions. For general 

program information on TIGGER, 

contact Walter Kulyk, Office of Mobility 

Innovation, (202) 366–4995, e-mail: 

walter.kulyk@dot.gov. For general 

program information on the Clean Fuels 

Grant program, contact Vanessa 

Williams, Office of Program 

Management, at (202) 366–4818, e-mail: 

vanessa.williams@dot.gov. 

SUPPLEMENTARY INFORMATION: A total of 

$75 million was available for FTA’s 

TIGGER program and $81 million for 

the Clean Fuels Grant program. In 

response to the NOFA, FTA received a 

total of 274 proposals requesting over 

$1.4 billion in program funds. The 

project proposals were evaluated based 

on the criteria detailed in the April 13, 

2010 Notice of Funding Availability. 

Projects funded with Clean Fuels Grant 

and Bus program funds are included in 

Table 1. Projects funded with the 

TIGGER program funds are included in 

Table 2. Grantees selected for 

competitive discretionary funding 

should work with their FTA regional 

office to finalize the application in 

FTA’s Transportation Electronic Award 

Management (TEAM) system, so that 

funds can be obligated expeditiously. 

Funds must be used for the purposes 

specified in the competitive application. 

Clean Fuels and Bus projects can be 

funded at up to 83 percent Federal share 

for eligible vehicle purchases. The 83 

percent share is a blended figure 

representing 80 percent of the vehicle 

and 90 percent of the vehicle-related 

equipment to be acquired in compliance 

with the Clean Air Act. The 83 percent 

share does not apply to facilities, for 

which the costs are more variable. The 

eligibility of facility-related cost element 

at the 90 percent share will be reviewed 

for eligibility of the higher Federal share 

on a case-by-case basis as part of the 

grant application process. The FY 2010 

Appropriations Act allows a 90 percent 

Federal share for total cost of a biodiesel 

bus and 90 percent Federal share for the 

net capital cost of factory installed 

hybrid electric propulsion systems and 

any equipment related to such a system. 

TIGGER projects can be funded at up to 

100 percent Federal share. A 

discretionary project identification 

number has been assigned to each 

project for tracking purposes and must 

be used in the TEAM application. 

Selected projects have pre-award 


jlentini on DSKJ8SOYB1PROD with NOTICES