Railroad Safety Advisory Committee; Notice of Meeting Postponement, 94015-94016 [2016-30813]
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Notices
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
22 applicants, no drivers were involved
in crashes and no drivers were
convicted of a 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
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Agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 22 applicants
listed in the notice of October 20, 2016
(81 FR 72664).
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 22
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.
V. Discussion of Comments
FMCSA received two comments in
this proceeding. An anonymous
commenter stated that they believe the
drivers should not be granted the
exemptions, citing safety concerns
related to their vision loss. The basis for
granting exemptions is explained in
Section IV of this document, and
FMCSA has determined that all drivers
listed in this document meet the criteria
required for an exemption. Deb Carlson
stated that Derrick P. Moore currently
holds an intrastate exemption in
Minnesota, and that James F.
McLaughlin was involved in a motor
vehicle crash and cited for an
equipment violation in 2016. The motor
vehicle crash was in Mr. McLaughlin’s
personal vehicle and not a CMV. The
equipment violation was not a moving
violation. Therefore, neither of these
incidents are disqualifying factors for
obtaining a vision exemption.
IV. Conclusion
Based upon its evaluation of the 22
exemption applications, FMCSA
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94015
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):
Gary A. Behrends (NE)
Harry R. Brewer (TN)
Johnnie B. Bush (MS)
Nathan J. Bute (IN)
Gary L. Cox (KY)
Kevin J. Embrey (IL)
Peter J. Faber (NE)
Ricky L. Gillum (OH)
Johnny E. Hill (AL)
Justin A. Hooper (MO)
John R. Horst (PA)
Robert E. Kelley, Jr. (WA)
David L. Manktelow (MA)
James F. McLaughlin (MN)
Derrick P. Moore (MN)
Richard L. Moores (CO)
Brian T. Morrison (MO)
Tad W. Sexsmith (WA)
Dennis M. Varga, Jr. (OH)
Michael J. Weber (NJ)
Mark B. Wilmer (VA)
Hezekiah Woodrup Sr. (MD)
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: December 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–30831 Filed 12–21–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257, Notice No. 84]
Railroad Safety Advisory Committee;
Notice of Meeting Postponement
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
FRA announces the
postponement of the fifty-seventh
meeting of the RSAC, a Federal
Advisory Committee that develops
railroad safety regulations through a
consensus process.
SUMMARY:
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94016
Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Notices
The RSAC meeting scheduled to
be held on Thursday, January 26, 2017
is postponed.
FOR FURTHER INFORMATION CONTACT:
Kenton Kilgore, RSAC Administrative
Officer/Coordinator, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6286;
or Robert Lauby, Associate
Administrator for Railroad Safety and
Chief Safety Officer, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6474.
SUPPLEMENTARY INFORMATION: Under
Section 10(a)(2) of the Federal Advisory
Committee Act (Public Law 92–463),
FRA is giving notice of a postponed
meeting of the RSAC. The RSAC
meeting scheduled to be held on
Thursday, January 26, 2017, at the
National Association of Home Builders,
National Housing Center, located at
1201 15th Street NW., Washington, DC,
is postponed and will be rescheduled
via another Federal Register Notice.
The RSAC was established to provide
advice and recommendations to FRA on
railroad safety matters. The RSAC is
composed of 59 voting representatives
from 38 member organizations,
representing various rail industry
perspectives. In addition, there are nonvoting advisory representatives from the
agencies with railroad safety regulatory
responsibility in Canada and Mexico,
the National Transportation Safety
Board, and the Federal Transit
Administration. The diversity of the
RSAC ensures the requisite range of
views and expertise necessary to
discharge its responsibilities. See the
RSAC Web site for details on prior
DATES:
Application No.
Docket No.
RSAC activities and pending tasks at
https://rsac.fra.dot.gov/. Please refer to
the notice published in the Federal
Register on March 11, 1996 (61 FR
9740), for additional information about
the RSAC.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2016–30813 Filed 12–21–16; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of actions on special
permit applications.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. Each mode of transportation for
which a particular special permit is
requested is indicated by a number in
the ‘‘Nature of Application’’ portion of
the table below as follows: 1—Motor
vehicle, 2—Rail freight, 3—Cargo vessel,
SUMMARY:
Applicant
Regulation(s) affected
4—Cargo aircraft only, 5—Passengercarrying aircraft.
DATES: Comments must be received on
or before January 23, 2017.
ADDRESS COMMENTS TO: Record Center,
Pipeline and Hazardous Materials Safety
Administration U.S. Department of
Transportation Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
FOR FURTHER INFORMATION CONTACT:
Ryan Paquet, Director, Office of
Hazardous Materials Approvals and
Permits Division, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, PHH–30,
1200 New Jersey Avenue Southeast,
Washington, DC 20590–0001, (202) 366–
4535.
SUPPLEMENTARY INFORMATION: Copies of
the applications are available for
inspection in the Records Center, East
Building, PHH–30, 1200 New Jersey
Avenue Southeast, Washington, DC or at
https://regulations.gov.
This notice of receipt of applications
for special permit is published in
accordance with Part 107 of the Federal
hazardous materials transportation law
(49 U.S.C. 5117(b); 49 CFR 1.53(b)).
Issued in Washington, DC, on December 8,
2016.
Donald Burger,
Chief, Office of the Special Permits and
Approvals.
Nature of the special permits thereof
Special Permits Data
........................
United Parcel Service,
Co.
171.8, 175.75 ..................
11536–M ...........
........................
Boeing Co. ......................
102, 185, 202, 211,
304A, 62.
12102–M ...........
........................
Veolia ES Technical Solutions LLC.
173.56(b) .........................
14578–M ...........
sradovich on DSK3GMQ082PROD with NOTICES
11110–M ...........
........................
Nantong CIMC Tank
Equipment Co., LTD.
..........................................
16060–M ...........
........................
Dae Ryuk Can Co., LTD.
173.304a(d)(3)(ii) .............
16081–M ...........
........................
Cabela’s Incorporated .....
178.602 ...........................
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17:40 Dec 21, 2016
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To modify the special permit to authorize certain
Class 8 hazardous materials which have no assigned packing group to be transported under the
terms of the special permit.
To modify the special permit to authorize an additional three part spacecraft shipping container, to
authorize the transportation of lithium batteries
which exceed the 35 kg weight limitation, and to
authorize the transportation of anhydrous ammonia by cargo aircraft.
To modify the special permit to authorize an additional 4.1 material to be transported using the
special permit.
To modify the special permit to authorize an increase in the tank capacity and to remove references to the ASME code which are no longer
valid.
To modify the special permit to authorize an additional smaller container.
To modify the special permit to authorize additional
Division 1.4 materials, and no longer require a
copy of the special permit must be furnished to
the carrier.
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]]>Agencies
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Notices]
[Pages 94015-94016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30813]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257, Notice No. 84]
Railroad Safety Advisory Committee; Notice of Meeting
Postponement
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FRA announces the postponement of the fifty-seventh meeting of
the RSAC, a Federal Advisory Committee that develops railroad safety
regulations through a consensus process.
[[Page 94016]]
DATES: The RSAC meeting scheduled to be held on Thursday, January 26,
2017 is postponed.
FOR FURTHER INFORMATION CONTACT: Kenton Kilgore, RSAC Administrative
Officer/Coordinator, FRA, 1200 New Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493-6286; or Robert Lauby, Associate
Administrator for Railroad Safety and Chief Safety Officer, FRA, 1200
New Jersey Avenue SE., Mailstop 25, Washington, DC 20590, (202) 493-
6474.
SUPPLEMENTARY INFORMATION: Under Section 10(a)(2) of the Federal
Advisory Committee Act (Public Law 92-463), FRA is giving notice of a
postponed meeting of the RSAC. The RSAC meeting scheduled to be held on
Thursday, January 26, 2017, at the National Association of Home
Builders, National Housing Center, located at 1201 15th Street NW.,
Washington, DC, is postponed and will be rescheduled via another
Federal Register Notice.
The RSAC was established to provide advice and recommendations to
FRA on railroad safety matters. The RSAC is composed of 59 voting
representatives from 38 member organizations, representing various rail
industry perspectives. In addition, there are non-voting advisory
representatives from the agencies with railroad safety regulatory
responsibility in Canada and Mexico, the National Transportation Safety
Board, and the Federal Transit Administration. The diversity of the
RSAC ensures the requisite range of views and expertise necessary to
discharge its responsibilities. See the RSAC Web site for details on
prior RSAC activities and pending tasks at https://rsac.fra.dot.gov/.
Please refer to the notice published in the Federal Register on March
11, 1996 (61 FR 9740), for additional information about the RSAC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-30813 Filed 12-21-16; 8:45 am]
BILLING CODE 4910-06-P
