Release of Waybill Data, 2192 [2011-450]
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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices
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
46 applicants, four of the applicants
were convicted for a moving violation
and five of the applicants were involved
in a crash. 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 standard in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
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17:25 Jan 11, 2011
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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 46 applicants
listed in the notice of November 26,
2010 (75 FR 72863).
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 46
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 standard 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 also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
The Pennsylvania Department of
Transportation stated that it was in
favor of granting Federal vision
exemptions to Terry L. Anderson and
Scott C. Geiter.
Conclusion
Based upon its evaluation of the 46
exemption applications, FMCSA
exempts, Charles H. Akers, Jr., David B.
Albers, Sr., Kurtis A. Anderson, Terry L.
Anderson, Grover h. Baelz, Sammy J.
Barada, Kenneth L. Bowers, Jr., Timothy
Bradford, Donald G. Brock, Jr., Anthony
D. Buck, Cody W. Cook, Marvin R. Daly,
Douglas R. Duncan, Douglas K. Esp,
Roger C. Evans, II, Jevont D. Fells,
Steven C. Fox, Scott C. Geiter, Gary
Golson, Donald L. Hamrick, Eugene W.
Harnisch, Ronnie E. Henderson, Clinton
L. Hines, Jr., Steve D. James, Matthew C.
Kalebaugh, Keith A. Larson, Brent E.
Lewis, Timothy R. McCullugh, Marcus
PO 00000
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Fmt 4703
Sfmt 9990
McMillin, George C. Milks, Daniel R.
Murphy, Joseph M. Palmer, Garrick D.
Pitts, Gary W. Robey, Jonathan C.
Rollings, Preston S. Salisbury, Victor M.
Santana, Kevin W. Schaffer, Gerald E.
Skalitzky, Allen W. Smith, Robert B.
Steinmetz, George A. Teti, Calvin J.
Wallace, II, David W. Ward, Ralph W.
York, Richard L. Zacher from the vision
requirement in 49 CFR 391.41(b)(10),
subject to the requirements cited above
(49 CFR 391.64(b)).
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 30, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011–241 Filed 1–11–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Saul Ewing LLP
on behalf of Trinity Industries, Inc.
(WB605–7–09/20/10) for permission to
use certain data from the Board’s 2009
Carload Waybill Sample. A copy of this
request may be obtained from the Office
of Economics.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics within 14
calendar days of the date of this notice.
The rules for release of waybill data are
codified at 49 CFR 1244.9.
Contact: Scott Decker, (202) 245–0330
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011–450 Filed 1–11–11; 8:45 am]
BILLING CODE 4915–01–P
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[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Page 2192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-450]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has received a request from Saul
Ewing LLP on behalf of Trinity Industries, Inc. (WB605-7-09/20/10) for
permission to use certain data from the Board's 2009 Carload Waybill
Sample. A copy of this request may be obtained from the Office of
Economics.
The waybill sample contains confidential railroad and shipper data;
therefore, if any parties object to these requests, they should file
their objections with the Director of the Board's Office of Economics
within 14 calendar days of the date of this notice. The rules for
release of waybill data are codified at 49 CFR 1244.9.
Contact: Scott Decker, (202) 245-0330
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-450 Filed 1-11-11; 8:45 am]
BILLING CODE 4915-01-P
