20562 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 

traveled. Daimler requests that the 

exemption renewal cover a two-year 

period. 

Daimler has explained in prior 

exemption requests that the German 

knowledge and skills tests and training 

program ensure that Daimler’s drivers 

operating under the exemption will 

achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety obtained by complying with 

the U.S. requirement for a CDL. 

Method To Ensure an Equivalent or 

Greater Level of Safety 

FMCSA has previously determined 

that the process for obtaining a German 

commercial license is comparable to, or 

as effective as, the requirements of Part 

383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. In the past 2 years, FMCSA has 

published several similar Daimler 

exemption requests, most recently a 

notice granting a 2-year exemption to 

Daimler driver Dr. Wolfgang Bernhard 

(79 FR 51641, August 29, 2014). 

Request for Comments 

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

and 31315(b)(4), FMCSA requests public 

comment on Daimler’s request for a 

renewal of Mr. Ennerst’s exemption 

from 49 CFR 383.23. The Agency will 

consider all comments received by close 

of business on May 18, 2015. 

FMCSA will review all comments 

received by this date and determine 

whether renewal of the exemption is 

consistent with the requirements of 49 

U.S.C. 31136(e) and 31315. As indicated 

above, on prior occasions, the Agency 

determined that providing an exemption 

for other Daimler drivers does not 

compromise the level of safety that 

would exist if the exemption were not 

granted. These prior FMCSA decisions 

were based on careful consideration of 

the comments received, and on the 

merits of each driver’s demonstrated 

knowledge and skills about the safe 

operation of CMVs. 

Issued on: April 8, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08726 Filed 4–15–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0301] 

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 23 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). They are unable to meet the 

vision requirement in one eye for 

various reasons. The exemptions will 

enable these individuals to operate 

commercial motor vehicles (CMVs) in 

interstate commerce without meeting 

the prescribed vision requirement in 

one eye. 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 were granted 

March 7, 2015. The exemptions expire 

on March 7, 2017. 

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. If you have questions 

on viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. 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 and/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. 

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. 

II. Background 

On February 4, 2015, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (80 FR 6162). That 

notice listed 23 applicants’ case 

histories. The 23 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 

23 applications on their merits and 

made a determination to grant 

exemptions to each of them. 

III. 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 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 23 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 optic nerve damage, 

neuropathy due to meningitis, retinal 

detachment, phthisical cornea, 

amblyopia, macular scarring, retinal 

scarring, central retinal artery 

obstruction, corneal scar, conjunctional 

cyst, strabismic amblyopia, complete 

loss of vision, chorioretinal scarring, 

prosthetic eye, and central retinal vein 

occlusion. In most cases, their eye 

conditions were not recently developed. 


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Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 20563 

Sixteen of the applicants were either 

born with their vision impairments or 

have had them since childhood. 

The seven individuals that sustained 

their vision conditions as adults have 

had it for a range of three to 22 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 23 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 in 

careers ranging from two to 35 years. In 

the past three years, none of drivers 

were involved in crashes and none were 

convicted of moving violations in a 

CMV. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the February 4, 2015 notice (80 FR 

6162). 

IV. 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. 

FMCSA believes it 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 

23 applicants, no drivers were involved 

in crashes, and none were convicted of 

moving violations 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 

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 23 applicants 

listed in the notice of February 4, 2015 

(80 FR 6162). 

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 23 

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 


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20564 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 

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. 

V. Discussion of Comments 

FMCSA received two comments in 

this proceeding. The comments are 

discussed below. 

Danielle Snyder is in favor of granting 

all drivers listed on the notice an 

exemption from the vision standard. 

Alycia Chase’s AP Government class 

at West Bloomfield High School in West 

Bloomfield, MI is not in favor of 

granting the exemptions due to their 

perceived risks to the public. As stated 

in this notice, FMCSA has determined 

that granting these drivers an exemption 

from the vision standard ‘‘would likely 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved absent such 

exemption.’’ 

VI. Conclusion 

Based upon its evaluation of the 23 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)): 

Jason P. Atwater (UT), Barry W. Borger 

(PA), William W. Dugger (KY), Steven 

D. Ellsworth (IL), Travis B. Giest (ID), 

Arlan T. Hrubes (WY), Abdalla M. 

Jalili (IL), David M. Krause (WI), 

Stephen C. Martin (PA), Troy L. 

McCord (TX), Ronald M. Metzger 

(NY), Gerald D. Milner, Jr. (IL), Ali 

Nimer (IL), Richard A. Pierce (MO), 

Richard D. Pontious (OH), Richard P. 

Rebel (ND), Kevin L. Riddle (FL), 

Mustafa Shahadeh (OH), Charles P. 

Smith (MO), Timothy R. Tedford (IL), 

Sean E. Twohig (NY), Melvin L. 

Vaughn (WI), Rick L. Wood (PA). 

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 10, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08729 Filed 4–15–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2014–0018] 

Bus and Bus Facilities Formula 

Program: Guidance and Application 

Instructions 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of availability of final 

circular. 

SUMMARY: The Federal Transit 

Administration (FTA) has placed in the 

docket and on its Web site, guidance in 

the form of a circular, to assist 

recipients in their implementation of 

the Section 5339 Bus and Bus Facilities 

Formula Program (Bus Program). The 

purpose of this circular is to provide 

recipients of FTA financial assistance 

with instructions and guidance on 

program administration and the grant 

application process. This circular is a 

result of the new Bus Program enacted 

through the Moving Ahead for Progress 

in the 21st Century Act (MAP–21). 

DATES: The final circular becomes 

effective May 18, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

program matters, Sam Snead, Office of 

Transit Programs, (202) 366–1089 or 

samuel.snead@dot.gov. For legal 

matters, Michelle Hershman, Office of 

Chief Counsel, (202–493–0197) or 

michelle.hershman@dot.gov. Office 

hours are from 8:30 a.m. to 5:00 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview 

II. Chapter-by-Chapter Analysis 

A. General Comments 

B. Chapter I—Introduction and Background 

C. Chapter II—Program Overview 

D. Chapter III—General Program Information 

E. Chapter IV—Planning and Program 

Development 

F. Chapter V—Program Management and 

Administrative Requirements 

G. Chapter VI—State and Program 

Management Plans 

H. Chapter VII—Other Provisions 

I. Appendices 

II. Overview 

The Moving Ahead for Progress in the 

21st Century Act (MAP–21, Pub. L. 112– 

141), signed into law on July 6, 2012, 

establishes the Section 5339 Bus and 

Bus Facilities Formula program (Section 

5339 or Bus Program), replacing some of 

the elements of the Bus and Bus 

Facilities discretionary program 

(formerly 49 U.S.C. 5309(b)(3) under the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users Act of 2005 (SAFETEA–LU)). The 

Section 5309 Bus and Bus Facilities 

Program under SAFETEA–LU provided 

discretionary funds for capital bus and 

bus facility grants, which from 2010– 

2012, were primarily used in support of 

the U.S. Department of Transportation’s 

(U.S. DOT) State of Good Repair, Bus 

Livability, Veterans Transportation and 

Community Living, and Clean Fuels 

initiatives. In addition, SAFETEA–LU 

allocated funds under this program for 

Ferry Boat Systems, Fuel Cell Bus, and 

the Bus Testing program. The new 

Section 5339 Bus Program provides 

funding to replace, rehabilitate, and 

purchase buses and related equipment 

as well as to construct bus-related 

facilities. 

The FTA is implementing new 

circular 5100.1, ‘‘Bus and Bus Facilities 

Program: Guidance and Application 

Instructions,’’ in order to provide 

grantees with guidance for applying for 

funding under the Bus Program. In 

addition, the circular addresses the 

requirements that must be met in the 

application for Section 5339 program 

assistance. 

On July 30, 2014, FTA issued a notice 

of availability of the proposed circular 

in the Federal Register (79 FR 44241) 

and requested public comment on the 

proposed circular. The comment period 

closed on September 29, 2014. The FTA 

received comments from 76 entities, 

including trade associations, State 

DOTs, metropolitan planning 

organizations, public transportation 

providers, and individuals. This notice 

addresses comments received and 

explains changes FTA made to the 

proposed circular in response to 

comments. 

This document does not include the 

revised circular; however, an electronic 


tkelley on DSK3SPTVN1PROD with NOTICES