Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 22059 

Study is to collect safety data from 

roadside inspections on vehicles 

exceeding certain weight levels to 

determine if there are any associations 

between higher vehicle weights and 

motor carrier safety violations, 

particularly those with out-of-service 

conditions. 

Detailed information on applicant 

expectations and the application 

process for these cooperative 

agreements will be provided in a Notice 

of Funding Availability to be released 

April 16, 2012 or soon thereafter. The 

FMCSA intends to enter into these 

cooperative agreements by June 1, 2012 

or as soon thereafter as administratively 

practicable. 

The FMCSA uses the standard grant 

application form and quarterly reporting 

process. The FMCSA requires the 

Standard Form 424 (Application for 

Federal Assistance). Applicants for this 

cooperative agreement will be expected 

to also complete a Project Narrative and 

Budget Narrative to support their 

application. FMCSA uses 

GrantSolutions, a grants management 

information technology system, to 

provide all cooperative agreement 

documents electronically to its financial 

processing office. GrantSolutions is a 

comprehensive grants management 

system provided by the Grants Center of 

Excellence (COE). The Grants COE 

serves as one of three consortia leads 

under the Grants Management Line of 

Business E-Gov initiative offering 

government-wide grants management 

system support services. Electronic 

signature of grant documents in 

GrantSolutions is the Agency’s preferred 

method for executing grant agreement. 

Additional information will be provided 

to grantees during the grant award 

process. Grantees will, however, be 

required to submit the completed 

Automated Clearing House (ACH) 

Vendor Payment Form (SF–3881) 

directly to FMCSA’s financial 

processing office by U.S. Postal Service, 

courier service or secure fax. All SHVI 

Study cooperative agreement 

applications must be submitted 

electronically through Grants.gov. 

Application Information for FY 2012 

Grants 

Eligible Entities: State agencies with 

the responsibility to conduct large truck 

roadside safety inspections. 

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) Ability of the applicant to support 

the strategies and activities in the 

proposal for the entire project period of 

performance. 

(4) Use of innovative approaches in 

executing a project plan to address 

identified safety issues. 

(5) Feasibility of overall program 

coordination and implementation based 

upon the project plan. 

Application Due Date: May 4, 2012. 

Applications submitted after due 

dates may be considered on a case-bycase basis and are subject to availability 

of funds. 

Issued on: April 5, 2012. 

Kelly Leone, 

Associate Administrator, Research and 

Information Technology. 

[FR Doc. 2012–8772 Filed 4–11–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0324] 

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 eleven 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 requirement. 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 

April 12, 2012. The exemptions expire 

on April 12, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (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 

acknowledgement 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 February 13, 2012, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (77 FR 7657). That 

notice listed eleven applicants’ case 

histories. The eleven 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 

eleven 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 

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22060 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 

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 requirement red, green, and 

amber (49 CFR 391.41(b)(10)). 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. The eleven exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

requirement in one eye for various 

reasons, including amblyopia, retinal 

detachment, reduced vision, prosthesis, 

macular scar, pituitary tumor and 

esotropia. In most cases, their eye 

conditions were not recently developed. 

Seven of the applicants were either born 

with their vision impairments or have 

had them since childhood. The four 

individuals sustained their vision 

conditions as adults and have had them 

for a period of 18 to 30 years. 

Although each applicant has one eye 

which does not meet the vision 

requirement 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 requirements for their State of 

residence. By meeting State licensing 

requirements, the applicants 

demonstrated their ability to operate a 

CMV, with their limited vision, to the 

satisfaction of the State. 

While possessing a valid CDL or nonCDL, these eleven 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 52 years. In the 

past 3 years, none of the drivers were 

involved in crashes, 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 February 13, 2012 notice (77 FR 

7657). 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the vision requirement 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 the medical reports about 

the applicants’ vision as well as their 

driving records and experience with the 

vision deficiency. 

To qualify for an exemption from the 

vision requirement, 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 

eleven applicants, none of the drivers 

were involved in crashes and one of the 

drivers 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 

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 

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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 22061 

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 requirement 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 eleven 

applicants listed in the notice of 

February 13, 2012 (77 FR 7657). 

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 eleven 

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 requirement 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 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 Pennsylvania 

Department of Transportation is in favor 

of granting Federal vision exemptions to 

Daniel I. Miller and Roger L. Courson. 

Conclusion 

Based upon its evaluation of the 

eleven exemption applications, FMCSA 

exempts John E. Chitty (FL), Roger L. 

Courson (PA), Revis D. Durbin (IL), 

James D. Evans (MD), Lowell S. Johnson 

(MN), Chet A. Keen (UT), Julian A. 

Mancha (TX), Daniel I. Miller (PA), 

Elijah Mitchell (TX), Gregory M. 

Quilling (VA), and Donald L. Schaeffer 

(MO) 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: April 3, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8775 Filed 4–11–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

FTA Section 5307 Urbanized Area 

Formula Program: Allocation of 

Funding Caps for Treating Fuel and 

Electric Utility Costs for Vehicle 

Propulsion as a Capital Maintenance 

Expense 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: The Consolidated and Further 

Continuing Appropriations Act, 2012 

(Pub. L. 112–055) permits the Federal 

Transit Administration (FTA) to treat 

fuel costs for vehicle operations, 

including utility costs for the 

propulsion of electrical vehicles, as a 

capital maintenance item for grants 

made in FY 2012 under the Urbanized 

Area Formula Program, up to a total of 

$100,000,000. FTA announced this 

provision and its implementation in the 

FTA Fiscal Year 2012 Notice of 

Apportionments, Allocations, and 

Program Information, published in the 

Federal Register on January 11, 2012 

(Vol. 77, No. 7 1786–1856). Since total 

obligations for this purpose are limited 

to $100,000,000, FTA is limiting the use 

of funds for this purpose to program 

recipients that responded to an 

announcement which was posted at 

www.grants.gov on January 25 and 

closed on February 29. Based on the 

$100,000,000 cap on use of this 

provision, FTA has allocated funding 

caps to program recipients that 

responded to this announcement based 

on their relative share of the FY 2012 

Section 5307/5340 formula 

apportionment. Recipients are advised 

that this provision does not provide any 

funding in addition to their Section 

5307/5340 program apportionment. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this notice 

contact David Schneider, Acting 

Director, Office of Transit Programs, at 

(202) 493–0175. Please contact the 

appropriate FTA regional office for any 

specific requests for information or 

technical assistance. 

SUPPLEMENTARY INFORMATION: The 

Consolidated and Further Continuing 

Appropriations Act, 2012, permits FTA 

to treat fuel costs for vehicle operations, 

including utility costs for the 

propulsion of electrical vehicles, as a 

capital maintenance item for grants 

made in FY 2012 under the Urbanized 

Area Formula Program, up to a total of 

$100,000,000. FTA announced this 

provision and its implementation in the 

FTA Fiscal Year 2012 Notice of 

Apportionments, Allocations, and 

Program Information, published in the 

Federal Register on January 11, 2012 

(Vol. 77, No. 7 1786–1856). Program 

recipients in the identified urbanized 

areas are eligible for reimbursement of 

fuel and electrical utility costs for 

vehicle propulsion under this provision 

at an 80/20 Federal/local share. 

Since total obligations for this 

purpose are limited to $100,000,000, the 

use of funds for this purpose is limited 

to urbanized areas that responded to the 

solicitation that was announced in the 

January 11, 2012 FTA Fiscal Year 2012 

Notice of Apportionments, Allocations, 

and Program Information. Applications 

were received between January 25 and 

February 29 via www.grants.gov. 

Eligible respondents were required to 

be either the designated recipient of 

Section 5307 formula apportionments in 

urbanized areas over 200,000 in 

population or a State Department of 

Transportation or other designee for 

urbanized areas under 200,000 in 

population. FTA received requests from 

70 large UZAs and 24 States, on behalf 

of 106 small UZAs. The total amount 

requested was $237,168,845. To allocate 

the available resources, FTA has 

determined funding caps for all 

requesting UZAs and States (see Table 

1 and 2) proportional to the Section 

5307/5340 formula apportionment. 

Where a UZA or State requested less 

than the calculated cap amount, the 

funding reflects the requested amount. 

Table 1 includes the name of each 

requesting urbanized area over 200,000 

in population, the name of the 

requesting designated recipient(s), and 

the dollar cap on reimbursements for all 

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