1476 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices 

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. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-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 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The Agency’s decision regarding these 

exemption applications is based on 

medical reports about the applicants’ 

vision, as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the November 24, 

2021, Federal Register notice (86 FR 

67112) and will not be repeated here. 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their limitation and 

demonstrated their ability to drive 

safely. The 11 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, anterior 

synechiae, cataract, complete vision 

loss, corneal scarring, extropia, macular 

degeneration, macular retinal 

detachment, and prosthesis. In most 

cases, their eye conditions did not 

develop recently. Four of the applicants 

were either born with their vision 

impairments or have had them since 

childhood. The seven individuals that 

developed their vision conditions as 

adults have had them for a range of 4 

to 33 years. Although each applicant has 

one eye that does not meet the vision 

requirement in § 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 a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. 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 applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for 3 to 49 years. In 

the past 3 years, one driver was 

involved in a crash, and no drivers were 

convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment that demonstrates 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. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 

§ 391.41(b)(10) is likely to achieve a 

level of safety equal to that existing 

without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must 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 § 391.41(b)(10) and (b) by a 

certified medical examiner (ME) who 

attests that the individual is otherwise 

physically qualified under § 391.41; (2) 

each driver must provide a copy of the 

ophthalmologist’s or optometrist’s 

report to the ME at the time of the 

annual medical examination; and (3) 

each driver must 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 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 11 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Travis Crosson 

George M. Hapchuk 

Gerald E. Hartman 

Derek E. Haynes 

Dale O. Hoover 

Michael R. Jackson 

Silvian N. Jones 

Mark S. Phillips 

Jessie W. Shearer 

Ryan K. Terrill 

Darrin Wilson 

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

and 31315(b), each exemption will be 

valid for 2 years from the effective date 

unless revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being 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(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–00247 Filed 1–10–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2011–0009] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on November 7 and 8, 2021, the 

Nevada Northern Railway Museum 

(NNR) petitioned the Federal Railroad 

Administration (FRA) for an extension 

of a waiver of compliance from certain 


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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices 1477 

1Along with its request to renew the relief in this 

docket, NNR submitted a request to extend the 

relief in Docket Number FRA–2016–0110 and 

combine that relief into the FRA–2011–0009 docket. 

provisions of the Federal railroad safety 

regulations contained at 49 CFR parts 

215 (Railroad Freight Car Safety 

Standards) and 224 (Reflectorization of 

Rail Freight Rolling Stock). The relevant 

FRA Docket Number is FRA–2011– 

0009. 

Specifically, NNR requested to extend 

its special approval pursuant to 49 CFR 

215.203, Restricted cars, for a total of 13 

cars, including 2 cabooses (NN 22 and 

NN 3), 2 flat cars (NN 23 and NN 100), 

5 hopper cars (WSOR 102, WSOR 128, 

WSOR 134, WSOR 158, and WSOR 

159), and 4 boxcars (NN 1021, NN 1023, 

NN 1024, and NN1025) that are more 

than 50 years from the date of original 

construction.1 NNR also requests to 

extend its existing relief from 49 CFR 

215.303, Stenciling of restricted cars, 

and 224.101, General requirements. 

NNR seeks to continue use of the cars 

in mobile storage, occasional tourist 

photographic events, and tourist 

excursion operations. In support of its 

request, NNR states that the relief would 

enable the cars to maintain historic 

integrity and that the cars would remain 

on NNR’s track, not connected to the 

general railroad system. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by 

February 25, 2022 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), the U.S. Department of 

Transportation (DOT) solicits comments 

from the public to better inform its 

processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2022–00345 Filed 1–10–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. DOT–OST–2021–0166] 

Agency Request for Emergency 

Approval of an Information Collection 

AGENCY: Department of Transportation. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Department of Transportation (DOT) 

provides notice that it will submit an 

information collection requests (ICR) to 

the Office of Management and Budget 

(OMB) for emergency approval of a 

proposed information collection. Upon 

receiving the requested six-month 

emergency approval by OMB, the Office 

of the Secretary (OST) will follow the 

normal PRA procedures to obtain 

extended approval for this proposed 

information collection. This collection 

involves applicants to submit a proposal 

for discretionary grant funding, under 

the ‘‘National Infrastructure Project 

Assistance Program, established by the 

Infrastructure Investment and Jobs Act 

of 2021, November 15, 2021, ‘‘Bipartisan 

Infrastructure Law’’, or ‘‘BIL’’. OST is 

requesting emergency approval due to 

the urgency of making the associated 

funds available to applicants that meet 

the eligibility requirements under the 

law. The continued viability of these 

funds is critical in supporting the 

transportation infrastructure needs 

across the United States. The statutory 

requirements of the BIL also establish a 

strict 90-day timeframe from the date of 

enactment to publish a Notice of 

Funding Opportunity. 

DATES: Comments should be submitted 

as soon as possible upon publication of 

this notice in the Federal Register. 

ADDRESSES: Comments and questions 

should be directed to the Office of 

Information and Regulatory Affairs 

(OIRA), Attn: OST OMB Desk Officer, 

725 17th Street NW, Washington, DC 

20503. Comments and questions about 

the ICR identified below may be 

transmitted electronically to OIRA at 

oira_submissions@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Information related to this ICR, 

including applicable supporting 

documentation may be obtained by 

contacting John Augustine, Office of 

Infrastructure Finance and Innovation 

in the office of the Under Secretary for 

Transportation Policy (OST–P–40), 

W84–306, Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

(202) 366–5437. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35; as amended) and 5 

CFR part 1320 require each Federal 

agency to obtain OMB approval to 

initiate an information collection 

activity. DOT is seeking OMB approval 

for the following DOT information 

collection activity: 

OMB Control Number: 2105–XXXX. 

Title: National Infrastructure Project 

Assistance Program. 

Form Numbers: New Collection. 

Type of Review: Emergency 

information collection request. 

Expected Number of Respondents: 

100. 

Frequency: One-time application, to 

be followed by grant agreement 

execution, reimbursement of funds, and 

project closeout. 

Estimated Average Burden per 

Response: 100 (application submission, 

grant agreement execution, project 

management, and project evaluation/ 

reporting). 

Estimated Total Annual Burden: 

10,000. 

Abstract: On November 15, 2021 the 

Infrastructure Investment and Jobs Act 

of 2021 (Pub. L. 117–58) ‘‘Bipartisan 

Infrastructure Law (BIL)’’ was enacted. 

Section 6701 established the National 

Infrastructure Project Assistance 

Program, to provide capital investments 

in surface transportation infrastructure 

that will have a significant local or 

regional impact. 

Application Stage 

In order to be considered to receive a 

grant, a project sponsor must submit an 

application to OST containing a project 

narrative, as detailed in the Notice of 

Funding Opportunity. The project 

narrative should include the 

information necessary for the 


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