14220 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 

43See SSR 83–12: Title II and SVI: Capability To 

Do Other Work—The Medical-Vocational Rules as 

a Framework for Evaluating Exertional Limitations 

Within a Range of Work or Between Ranges of Work 

(available at http://www.socialsecurity.gov/OP_

Home/rulings/di/02/SSR83-12-di-02.html). 

44See SSR 85–15: Titles II and XVI: Capability To 

Do Other Work—Medical-Vocational Rules as a 

Framework for Evaluating Solely Nonexertional 

Impairments (available at: http://

www. social security. gov/OP_Home/rulings/di/02/

SSR85-15-di-02.html). 

45See SSR 83–12; SSR 83–14: Titles II and XVI: 

Capability To Do Other Work—The MedicalVocational Rules as a Framework for Evaluating a 

Combination of Exertional and Nonexertional 

Impairments (available at http://www.social

security.gov/OP_Home/rulings/di/02/SSR83-14-di02.html); SSR 85–15; and SSR 96–9p, Titles II and 

XVI: Determining Capability to Do Other Work— 

Implications of a Residual Functional Capacity for 

Less Than a Full Range of Sedentary Work, 61 FR 

34478 (July 2, 1996) (also available at http://www.

socialsecurity.gov/OP_Home/rulings/di/01/SSR96- 

09-di-01.html). 

46See 20 CFR 404.1594, 416.994, and 416.994a. 

1. Pain and other symptoms 

associated with IC may result in 

exertional limitations that prevent a 

person from doing a full range of 

unskilled work in one or more of the 

exertional categories in appendix 2 of 

subpart P of part 404 (appendix 2).43

People with IC may also have 

nonexertional physical or mental 

limitations because of their pain or 

other symptoms.44 Some may have 

environmental restrictions, which are 

also nonexertional. 

2. Exertional and nonexertional 

limitations resulting from IC may affect 

the person’s ability to perform routine 

movement and necessary physical 

activity in the work environment, such 

as sitting, standing, walking, lifting, 

carrying, pushing, and pulling. These 

limitations may also affect the person’s 

ability to do postural functions, such as 

climbing, balancing, stooping, and 

crouching, or they may affect the 

person’s ability to tolerate extreme heat, 

humidity, or hazards. 

3. Adjudicators must be alert to the 

possibility that there may be exertional 

or nonexertional (for example, postural 

or environmental) limitations that erode 

a person’s occupational base sufficiently 

to preclude the use of a rule in appendix 

2 to direct a decision. In such cases, 

adjudicators must use the rules in 

appendix 2 as a framework for decisionmaking and may need to consult a 

vocational resource.45

E. Continuing disability reviews. In 

those cases in which we find that a 

person has a disability based on IC, we 

will conduct an appropriate continuing 

disability review as required by law.46

For this review, we take into account 

relevant individual case facts, such as 

the combined severity of other chronic 

or static impairments, and the person’s 

vocational factors. 

Effective Date: This SSR is effective 

on March 18, 2015. 

Cross-References: SSR 82–63: Titles II 

and XVI: Medical-Vocational Profiles 

Showing an Inability To Make an 

Adjustment to Other Work; SSR 83–12: 

Titles II and XVI: Capability To Do 

Other Work—The Medical-Vocational 

Rules as a Framework for Evaluating 

Exertional Limitations Within a Range 

of Work or Between Ranges of Work; 

SSR 83–14: Titles II and XVI: Capability 

To Do Other Work—The MedicalVocational Rules as a Framework for 

Evaluating a Combination of Exertional 

and Nonexertional Impairments; SSR 

85–15: Titles II and XVI: Capability To 

Do Other Work—The MedicalVocational Rules as a Framework for 

Evaluating Solely Nonexertional 

Impairments; SSR 96–2p, Titles II and 

XVI: Giving Controlling Weight to 

Treating Source Medical Opinions; SSR 

96–3p, Titles II and XVI: Considering 

Allegations of Pain and Other 

Symptoms in Determining Whether a 

Medically Determinable Impairment Is 

Severe; SSR 96–4p, Titles II and XVI: 

Symptoms, Medically Determinable 

Physical and Mental Impairments, and 

Exertional and Nonexertional 

Limitations; SSR 96–5p, Titles II and 

XVI: Medical Source Opinions on Issues 

Reserved to the Commissioner; SSR 96– 

7p, Titles II and XVI: Evaluation of 

Symptoms in Disability Claims: 

Assessing the Credibility of an 

Individual’s Statements; SSR 96–8p, 

Titles II and XVI: Assessing Residual 

Functional Capacity in Initial Claims; 

SSR 96–9p, Titles II and XVI: 

Determining Capability to Do Other 

Work—Implications of a Residual 

Functional Capacity for Less Than a 

Full Range of Sedentary Work; SSR 06– 

03p, Titles II and XVI: Considering 

Opinions and Other Evidence from 

Sources Who Are Not ‘‘Acceptable 

Medical Sources’’ in Disability Claims; 

Considering Decisions on Disability by 

Other Governmental and 

Nongovernmental Agencies; SSR 12–2p, 

Titles II and XVI: Evaluation of 

Fibromyalgia; SSR 14–1p, Titles II and 

XVI: Evaluating Cases Involving Chronic 

Fatigue Syndrome (CFS); and Program 

Operations Manual System (POMS) DI 

22505.001, DI 22505.003, DI 24505.003, 

DI 24510.057, DI 24515.012, DI 

24515.061–DI 24515.063, DI 24515.066, 

DI 24515.067, DI 24515.075, DI 

24555.001, DI 25010.001, and DI 

25025.001. 

[FR Doc. 2015–05680 Filed 3–17–15; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0022] 

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 11 

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 April 

16, 2015. Comments must be received 

on or before April 17, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2013–0022], 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., 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14221 

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 11 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

11 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Terry R. Hunt (FL) 

Sebastian G. Jachymiak (IL) 

Geron Lopez-Padilla (CT) 

James P. O’Berry (GA) 

Mark A. Omps (WV) 

Larry B. Peterson (AR) 

Franklin P. Reigle III (MD) 

Phillip Schaub (CO) 

George Stapleton (GA) 

James K. Waites (AR) 

Scott Wallbank (MA) 

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 11 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (78 FR 12815; 78 FR 

22602). Each of these 11 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–2013–0022), 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, go to 

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

docket number, ‘‘FMCSA–2013–0022’’ 

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–2013–0022’’ 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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

14222 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 

Issued on: March 11, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–06177 Filed 3–17–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0037] 

Parts and Accessories Necessary for 

Safe Operation; Mobileye, Inc., 

Application for an Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant 

Mobileye, Inc.’s (Mobileye) exemption 

application to enable motor carriers to 

utilize its camera-based collision 

avoidance systems (CAS) mounted 

within the swept area of the windshield 

wipers. The Federal Motor Carrier 

Safety Regulations (FMCSRs) currently 

require antennas, transponders, and 

similar devices to be located outside the 

area swept by the windshield wipers. 

The Mobileye CAS is able to warn 

drivers of potential hazards by detecting 

other vehicles, pedestrians and cyclists 

on the road, and lane markings and 

traffic signs. The Agency believes the 

use of the CAS promotes improved 

safety performance and that the 

placement of the system in the swept 

area of the windshield wipers will not 

obstruct drivers’ view of the roadway 

and potential hazards. The Agency has 

concluded that the limited 2-year 

exemption will achieve a level of safety 

equivalent to or greater than the level of 

safety provided by the rule restricting 

the placement of devices in the 

windshield area. 

DATES: This exemption is effective 

March 18, 2015 and ending March 20, 

2017. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mike Huntley, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–5370, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

Docket: For access to the docket to 

read background documents or 

comments submitted to notice 

requesting public comments on the 

exemption application, go to 

www.regulations.gov at any time or visit 

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., ET, Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public 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 safety analyses 

and public comments submitted, 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)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Mobileye’s Application for Exemption 

Mobileye applied for an exemption 

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

installation of a CAS system on several 

thousand commercial motor vehicles. 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 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. 

In its application, Mobileye stated: 

Mobileye is making this request because 

we are coordinating device development and 

installation of a camera based collision 

avoidance system in up to several hundred 

thousand commercial motor vehicles. The 

camera based sensor equipment to be 

installed is going to be located at either the 

bottom or top of the windshield, but will be 

in the swept area of the windshield wipers 

because the safety equipment must have a 

clear forward facing view of the road. 

This system is the same technology that 

Mobileye provides to carmakers such as 

Ford, GM, Honda and many others. These 

companies have deployed over two million 

vehicles with this technology. Collision 

avoidance systems, in particular those that 

have the main features of Mobileye, have 

been noted by NHTSA, NTSB and FMCSA as 

key safety equipment in both cars and trucks. 

Recently, the NTSB cited this type of 

collision avoidance system as part of its top 

ten ‘‘most wanted’’ advocacy priorities. 

FMCSA itself has recommended Forward 

Collision Warning and Lane Departure 

Warning, just two of Mobileye features. 

Mobileye seeks exemption for the aftermarket 

(field retrofitable) version of this technology. 

With the exemption, Mobileye will be able 

to install the camera based collision 

avoidance system in a location which will 

offer the best opportunity to optimize the 

data and evaluate the benefits of such a 

system as well as maximize safety benefits. 

FMCSA published a notice of the 

application in the Federal Register on 

July 2, 2014, and asked for public 

comment (79 FR 37841). 

Comments 

In response to its notice requesting 

public comment, the Agency received 

one comment from the American 

Trucking Associations (ATA). The ATA 

stated that it ‘‘strongly supports’’ 

granting the exemption to allow use of 

the Mobileye CAS in commercial motor 

vehicles. The ATA noted that ‘‘Safety 

technology companies have been 

working with many ATA members to 

help reduce carrier crash involvement 

rates using their technologies. As a 

result, many of our member companies 

have seen significant decreases in the 

number of at-fault collisions and near 

misses.’’ 

FMCSA Decision 

The FMCSA has evaluated the 

Mobileye exemption application. The 

Agency believes that granting the 

temporary exemption to allow 

placement of the Mobileye CAS system 

sensor in the upper or lower portion of 

the windshield, within the swept area of 

the windshield wipers, will provide a 

level of safety that is equivalent to, or 

greater than, the level of safety achieved 

without the exemption because (1) 

based on the technical information 

available, there is no indication that the 

CAS sensor would obstruct drivers’ 

views of the roadway, highway signs 

and surrounding traffic; (2) generally, 

mstockstill on DSK4VPTVN1PROD with NOTICES