Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8751 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public with an opportunity to 

inspect the information relevant to the 

application, including any safety 

analyses that have been conducted. The 

Agency must also provide an 

opportunity for public comment on the 

request. 

The Agency reviews the safety 

analyses and the public comments and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to or greater than 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an exemption 

is granted. The notice must specify the 

effective period of the exemption (up to 

2 years) and explain the terms and 

conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.315(c) and 49 CFR 381.300(b)). 

VTTI’s Application for Exemption 

VTTI has applied for an exemption 

from 49 CFR 393.60(e)(1) to allow the 

installation of DASs at the bottom of the 

windshield on CMVs. A copy of the 

application is included in the docket 

referenced at the beginning of this 

notice. 

Section 393.60(e)(1) of the FMCSRs 

prohibits the obstruction of the driver’s 

field of view by devices mounted at the 

top of the windshield. Antennas, 

transponders and similar devices 

(devices) must not be mounted more 

than 152 mm (6 inches) below the upper 

edge of the windshield. These devices 

must be located outside the area swept 

by the windshield wipers and outside 

the driver’s sight lines to the road and 

highway signs and signals. 

VTTI has applied for the exemption 

because it wants to install DASs in up 

to 150 CMVs operating throughout the 

United States in support of research 

being conducted on behalf of NHTSA. 

VTTI contends that it must be able to 

mount the DASs lower than allowed 

under 49 CFR 393.60(e)(1) ‘‘because the 

safety equipment must have a clear 

forward facing view of the road, and low 

enough to accurately scan facial features 

for detection of impaired driving.’’ 

VTTI’s mounting preference for the 

DASs and necessary mounting brackets 

is at the bottom of the windshield, and 

is best suited for mounting within and/ 

or below 3 inches of the bottom of the 

windshield wiper sweep, and out of the 

driver’s sightlines to the road and 

highway signs and signals, to the extent 

practicable. 

FMCSA Grant of Waiver to VTTI 

Pursuant to 49 U.S.C. 31315(a) and 49 

CFR part 381, subpart B, the FMCSA 

granted VTTI a 90-day waiver on 

January 26, 2015 to allow the placement 

of the DASs at the bottom of 

windshields on CMVs, outside of the 

area permitted by section 393.60 of the 

FMCSRs. This waiver is effective from 

January 26, 2015, through April 25, 

2015. Up to 150 DASs will be installed 

and the affected motor carriers are listed 

as below: 

1. USDOT # 

32052.

Crosby Trucking Service Inc. 

in Mount Sydney VA. 

2. USDOT # 

369138.

Rush Trucking Corporation 

in Wayne Michigan. 

3. USDOT # 

1977980.

Kuperus Trucking Inc. in 

Jenison MI. 

4. USDOT # 

282628.

Stagecoach Cartage and 

Distribution, LP in El Paso 

TX. 

5. USDOT # 

184405.

J & M Tank Lines Inc. in Birmingham AL. 

6. USDOT # 

1243338.

P&S Transportation LLC in 

Ensley AL. 

7. USDOT # 

75827.

Modular Transport Company 

in Wyoming MI. 

During the waiver period, these motor 

carriers participating in the NHTSA 

research program must ensure that the 

DASs are mounted within three inches 

of the bottom of the driver side 

windshield wiper sweep, and out of the 

driver’s sightlines to the road and 

highway signs and signals as much as 

practicable. Vehicles participating in the 

study must carry a copy of this waiver 

in the vehicle. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

VTTI’s application for an exemption 

from 49 CFR 393.60(e)(1). All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Issued on: February 9, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–03239 Filed 2–17–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25246; FMCSA– 

2006–26066; FMCSA–2008–0340; FMCSA– 

2010–0327; FMCSA–2010–0385; FMCSA– 

2012–0280; FMCSA–2012–0337; FMCSA– 

2012–0339] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 17 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

1, 2015. Comments must be received on 

or before March 20, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2006–25246; 

FMCSA–2006–26066; FMCSA–2008– 

0340; FMCSA–2010–0327; FMCSA– 

2010–0385; FMCSA–2012–0280; 

FMCSA–2012–0337; FMCSA–2012– 

0339], using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 


emcdonald on DSK67QTVN1PROD with NOTICES
8752 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http://

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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 

Federal Docket Management System 

(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: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Carrier, 

Driver and Vehicle Safety Standards, 

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: 

I. Background 

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

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

II. Exemption Decision 

This notice addresses 17 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

17 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Kreis C. Baldridge (TN) 

Steven J. Clark (GA) 

Thomas A. Crowell (NC) 

Michael A. Fouch (NJ) 

Wilfred J. Gagnon (VT) 

Ricky G. Jacks (AL) 

Scott A. Lambertson (MN) 

Carl A. Lohrbach (OH) 

Jay C. Naccarato (WA) 

Jeffrey L. Olson (MN) 

Gary J. Peterson (IL) 

Donnie R. Riggs (AL) 

James E. Savage (NV) 

Randall S. Surber (WV) 

Ernest W. Waff (VA) 

Curtis E. Way (TX) 

John E. Westbrook (LA) 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements 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 provides 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 and retains a 

copy of the certification on his/her 

person while driving for presentation to 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded 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. 

III. Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 17 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (71 FR 63379; 71 FR 

63380; 72 FR 180; 72 FR 1050; 72 FR 

9397; 73 FR 75803; 73 FR 78422; 74 FR 

980; 74 FR 6209; 74 FR 6211; 75 FR 

65057; 75 FR 77492; 75 FR 79081; 75 FR 

79083; 76 FR 4413; 76 FR 4414; 76 FR 

5425; 76 FR 8809; 76 FR 9865; 77 FR 

64839; 77 FR 70534; 77 FR 75494; 78 FR 

800; 78 FR 1919; 78 FR 9772; 78 FR 

11731; 78 FR 12813; 78 FR 12817). Each 

of these 17 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the requirement specified at 49 

CFR 391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption 

requirements. 

These factors provide an adequate 

basis for predicting each driver’s ability 

to continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

IV. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2006–25246; FMCSA– 

2006–26066; FMCSA–2008–0340; 

FMCSA–2010–0327; FMCSA–2010– 

0385; FMCSA–2012–0280; FMCSA– 

2012–0337; FMCSA–2012–0339), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so the Agency can contact you if it has 

questions regarding your submission. 

To submit your comment online, got 

to http://www.regulations.gov and put 

the docket number, ‘‘FMCSA–2006– 

25246; FMCSA–2006–26066; FMCSA– 

2008–0340; FMCSA–2010–0327; 

FMCSA–2010–0385; FMCSA–2012– 


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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8753 

0280; FMCSA–2012–0337; FMCSA– 

2012–0339’’ in the ‘‘Keyword’’ box, and 

click ‘‘Search.’’ When the new screen 

appears, click on ‘‘Comment Now!’’ 

button and type your comment into the 

text box in the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the facility, please enclose a 

stamped, self-addressed postcard or 

envelope. FMCSA will consider all 

comments and material received during 

the comment period and may change 

this notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and in the 

search box insert the docket number, 

‘‘FMCSA–2006–25246; FMCSA–2006– 

26066; FMCSA–2008–0340; FMCSA– 

2010–0327; FMCSA–2010–0385; 

FMCSA–2012–0280; FMCSA–2012– 

0337; FMCSA–2012–0339’’ in the 

‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ 

button choose the document listed to 

review. If you do not have access to the 

Internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

Issued On: February 6, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–03241 Filed 2–17–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2014–0025] 

Notice of Buy America Waiver for 

Track Turnout Components 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of Buy America Waiver. 

SUMMARY: In response to a request from 

the Long Island Rail Road Company 

(LIRR), a subsidiary of the New York 

Metropolitan Transportation Authority 

(MTA), for a Buy America waiver for 

track turnout components, the Federal 

Transit Administration (FTA) hereby 

waives its Buy America requirements 

for LIRR’s procurement of the following 

track turnout components: Schwihag 

roller assemblies, Schwihag plates, 

ZU1–60 steel switch point rail sections, 

and movable point frogs. This waiver is 

limited to LIRR’s procurement of these 

track turnout components for the nine 

(9) turnouts that LIRR needs for VHL03 

LIRR Stage 3 of the East Side Access 

Project and the one (1) turnout that LIRR 

needs for VHL04 LIRR Stage 4 of the 

East Side Access Project. The turnouts 

themselves, however, are subject to 

FTA’s Buy America requirements and, 

accordingly, the turnouts must be 

manufactured in the United States. 

This Buy America waiver does not 

apply to the track turnout components 

for Phase I of LIRR’s Jamaica Capacity 

Improvements Project, and FTA will 

address that waiver request separately. 

Moreover, this Buy America waiver 

does not apply to the track turnout 

components for the Northeast Corridor 

Congestion Relief Project at Harold 

Interlocking, which is being addressed 

in a separate waiver decision published 

by the Federal Railroad Administration 

(FRA), as FRA funds are being used for 

that project. 

DATES: This waiver is effective 

immediately. 

FOR FURTHER INFORMATION CONTACT: 

Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or 

Richard.Wong@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of this notice is to announce 

that FTA is granting a non-availability 

waiver for LIRR’s procurement of track 

turnout components—i.e., Schwihag 

roller assemblies, Schwihag plates, 

ZU1–60 steel switch point rail sections, 

and movable point frogs (MPFs)—that 

are needed for VHL03 LIRR Stage 3 and 

VHL04 LIRR Stage 4 of the East Side 

Access (ESA) Project. 

With certain exceptions, FTA’s Buy 

America requirements prevent FTA 

from obligating an amount that may be 

appropriated to carry out its program for 

a project unless ‘‘the steel, iron, and 

manufactured goods used in the project 

are produced in the United States.’’ 49 

U.S.C. 5323(j)(1). A manufactured 

product is considered produced in the 

United States if: (1) All of the 

manufacturing processes for the product 

must take place in the United States; 

and (2) All of the components of the 

product must be of U.S. origin. 49 CFR 

661.5(d). A component is considered of 

U.S. origin if it is manufactured in the 

United States, regardless of the origin of 

its subcomponents. 49 CFR 661.5(d)(2). 

If, however, FTA determines that ‘‘the 

steel, iron, and goods produced in the 

United States are not produced in a 

sufficient and reasonably available 

amount or are not of a satisfactory 

quality,’’ then FTA may issue a waiver 

(non-availability waiver). 49 U.S.C. 

5323(j)(2)(B); 49 CFR 661.7(c). 

On July 31, 2014, LIRR requested a 

non-availability Buy America waiver for 

the procurement of four specific track 

turnout components—i.e., Schwihag 

roller assemblies, Schwihag plates, 

ZU1–60 steel switch point rail sections, 

and MPFs—that are needed for the ESA 

Project. MTA entered into an FTA Full 

Funding Grant Agreement in 2006 to 

build the ESA Project. As described by 

LIRR, the ESA Project will extend LIRR 

commuter rail service from Queens to 

the east side of Midtown Manhattan and 

will construct a new LIRR Terminal at 

Grand Central Terminal. 

On February 4, 2015, LIRR submitted 

a letter to FTA indicating that it has 

become aware of alternate turnout 

designs that may be compatible with 

LIRR’s infrastructure, with some 

modifications, for the ESA Project and 

that may be available from a domestic 

source in the future. Accordingly, in its 

February 4, 2015 letter, LIRR narrowed 

its waiver request to apply only to 

VHL03 LIRR Stage 3 and VHL04 LIRR 

Stage 4 of the ESA Project. Specifically, 

LIRR explained that it critically needs 

the Buy America waiver for nine (9) 

turnouts that are necessary for VHL03 

LIRR Stage 3 of the ESA Project in order 

for LIRR to meet its 2016 installation 

schedule and to thereby avoid delays to 

the overall ESA project schedule. 

Additionally, LIRR specified that it 

needs the track turnout components 

waiver so that it may procure one (1) 

unique turnout—No. 32.75—for VHL04 

LIRR Stage 4 of the ESA Project. 

LIRR has stated that the foreignsourced MPFs are essential components 

of track turnouts for the following 

operational reasons: (1) turnouts with 

MPFs are necessary to withstand the 

frequent and heavy use by passenger 

and freight trains traveling along LIRR’s 

right of way; (2) turnouts with MPFs 

allow trains to travel through the 

turnouts at higher speeds, ultimately 

providing more throughput during rush 

hour; (3) turnouts with MPFs reduce 

impact loading to the turnouts; and (4) 

turnouts with MPFs provide for less 

wear and tear, thereby requiring less 

overall maintenance, extending the 

useful lives of the turnouts, and 

resulting in fewer outages and negative 

impacts on LIRR’s operations. 

Based on previous solicitations, 

market research, and manufacturer 

outreach, as set forth below, LIRR 


emcdonald on DSK67QTVN1PROD with NOTICES