[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11859-11862]
[FR Doc No: 2019-05950]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0006]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from nine individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before April 29, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0006 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the

online 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0006), 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 that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0006, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on 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 8\1/2\ 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.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0006, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document 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., ET, Monday through Friday, except Federal holidays.

C. 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The nine individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV 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 at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    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
three 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 demonstrated 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 three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

III. Qualifications of Applicants

Clay A. Applegarth

    Mr. Applegarth, 49, had an enucleation of his left eye due to
ocular melanoma in 1994. The visual acuity in his right eye is 20/20
and in his left eye, no light perception. Following an examination in
2018, his optometrist stated, ``It is my medical opinion that Clay has
safely operated commercial vehicles with this condition for many years
and that his vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Applegarth reported that he has
driven tractor-trailer combinations for 25 years, accumulating 3.75
million miles. He holds a Class A CDL from Colorado. His driving record
for the last three years shows no crashes and one conviction for a
moving violation in a CMV; drove a defective/unsafe vehicle.

Anthony J. Cesternino

    Mr. Cesternino, 72, had an enucleation of his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, no light perception. Following an
examination in 2019, his optometrist stated, ``I certify that in my
medical opinion, Mr. Cesternino has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Cesternino reported that he has driven tractor-trailer combinations for
47 years, accumulating 5.4 million miles. He holds a Class A CDL from
Virginia. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Steven S. Criss

    Mr. Criss, 38, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/80.
Following an examination in 2018, his optometrist stated, ``In my
opinion, the reduced visual acuity in Steven's left eye does not
prohibit him from operating a commercial vehicle . . . I would
anticipate no further functional problems due to this condition and
have no reservations about recommending that he be granted the
privilege to operate a commercial vehicle.'' Mr. Criss reported that he
has driven straight trucks for ten years, accumulating 350,000 miles.
He holds an operator's license from Florida. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Terrence H. Flick II

    Mr. Flick, 34, has had a macular scar in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2018, his
optometrist stated, ``Mr. Flick does have sufficient vision to drive
and operate a commercial vehicle safely.'' Mr. Flick reported that he
has driven straight trucks for 15 years, accumulating 150,000 miles. He
holds an operator's license from Illinois. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Ismael Gonzalez

    Mr. Gonzalez, 59, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2018, his ophthalmologist
stated, ``In my medical opinion, Ismael Gonzalez has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Gonzalez reported that he has driven straight trucks for 25 years,
accumulating 650,000 miles. He holds a Class B CDL from New Jersey. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Philip E. Henderson

    Mr. Henderson, 78, had a retinal detachment in his right eye in
2008. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``In my medical opinion, Mr. Philip Henderson
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Henderson reported that he has driven
straight trucks for six years, accumulating 36,000 miles, and tractor-
trailer combinations for 49 years, accumulating 4.4 million miles. He
holds a Class A CDL from Missouri. His driving record for the last
three years shows one crash and one conviction for a moving violation
in a CMV; improper backing of CMV.

Brian S. Metheny

    Mr. Metheny, 44, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2018, his ophthalmologist
stated, ``In my opinion [sic] he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Metheny
reported that he has driven straight trucks for three years,
accumulating 180,000 miles. He holds a Class A CDL from Pennsylvania.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Roger L. Ridder

    Mr. Ridder, 56, has complete loss of vision in his right eye due to
a retinal detachment in 2015. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2018, his optometrist stated, ``In my professional opinion, Mr.
Roger Ridder has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Ridder reported that he
has driven straight trucks for 35 years, accumulating 105,000 miles,
and tractor-trailer combinations for 30 years, accumulating 60,000
miles. He holds an operator's license from Kansas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Cody R.E. Zeigler

    Mr. Zeigler, 26, has had optic neuropathy in his right eye since
2015. The visual acuity in his right eye is 20/100, and in his left
eye, 20/25. Following an examination in 2018, his optometrist stated,
``I certify in my medical opinion you [sic] have sufficient vision in
your left eye to

perform the driving tasks required to operate a commercial vehicle as
stated in the FMCSA visual standards.'' Mr. Zeigler reported that he
has driven straight trucks for six years, accumulating 120,000 miles.
He holds an operator's license from Pennsylvania. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

    Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05950 Filed 3-27-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 22005-22006]
[FR Doc No: 2012-8793]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Extension of Existing Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Interagency Statement on Sound Practices, OMB Control No. 3235-
0622, SEC File No. 270-560.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the existing collection of
information provided for in the proposed Interagency Statement on Sound

Practices Concerning Elevated Risk Complex Structured Finance
Activities (``Statement'') under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.) (``Exchange Act'') and the Investment Advisers
Act of 1940 (15 U.S.C. 80b et seq.) (``Advisers Act''). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    The Statement was issued by the Commission, together with the
Office of the Comptroller of the Currency, the Board of Governors of
the Federal Reserve System, the Federal Deposit Insurance Corporation,
and the Office of Thrift Supervision (together, the ``Agencies''), in
May 2006. The Statement describes the types of internal controls and
risk management procedures that the Agencies believe are particularly
effective in assisting financial institutions to identify and address
the reputational, legal, and other risks associated with elevated risk
complex structured finance transactions.
    The primary purpose of the Statement is to ensure that these
transactions receive enhanced scrutiny by the institution and to ensure
that the institution does not participate in illegal or inappropriate
transactions.
    The Commission estimates that approximately 5 registered broker-
dealers or investment advisers will spend an average of approximately
25 hours per year complying with the Statement. Thus, the total
compliance burden is estimated to be approximately 125 burden-hours per
year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an email to<EMAIL_ADDRESS>
     Dated: April 6, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-8793 Filed 4-11-12; 8:45 am]
BILLING CODE 8011-01-P


(5) Observation sites, identified by type of observation site
(i.e., observation site selected in the original survey design,
alternate observation site selected subsequent to the original survey
design), and by characteristics of the observation site visit (i.e., at
least one vehicle observed, no vehicles observed); and
    (6) Name of the State survey statistician meeting the qualification
requirements, as provided in Sec.  1340.8(c).
    (b) Certifications by Governor's Highway Safety Representative. The
Governor's Highway Safety Representative (GR) or if delegated in
writing, the Coordinator of the State Highway Safety Office, shall sign
the reporting form certifying that--
    (1) ----------------has been designated by the Governor as the GR,
and if applicable, the GR has delegated the authority to sign the
certification in writing to ----------------, the Coordinator of the
State Highway Safety Office;
    (2) The reported Statewide seat belt use rate is based on a survey
design that was approved by NHTSA, in writing, as conforming to the
Uniform Criteria for State Observational Surveys of Seat Belt Use, 23
CFR Part 1340;
    (3) The survey design has remained unchanged since the survey was
approved by NHTSA; and
    (4) ----------------, a qualified survey statistician, reviewed the
seat belt use rate reported in Part A (of the certification) and
information reported in Part B and has determined that they meet the
Uniform Criteria for State Observational Surveys of Seat Belt Use, 23
CFR part 1340.
    (d) Audits. NHTSA may audit State survey results and data
collection. The State shall retain the following records for five years
and make them available to NHTSA in electronic format within four weeks
of request:
    (1) Computation programs used in the sample selection;
    (2) Computation programs used to estimate the Statewide seat belt
use rate and standard errors for the surveys conducted since the last
NHTSA approval of the sample design; and
    (3) Sampling frame(s) for design(s) used since the last NHTSA
approval of the sample design.

APPENDIX A TO PART 1340--STATE SEAT BELT USE SURVEY REPORTING FORM

    PART A: To be completed by the Governor's Highway Safety
Representative (GR) or if applicable, the Coordinator of the State
Highway Safety Office.
State:-----------------------------------------------------------------
Calendar Year of Survey:-----------------------------------------------
Statewide Seat Belt Use Rate:------------------------------------------
    I hereby certify that:
     ----------------has been designated by the Governor as
the State's Highway Safety Representative (GR), and if applicable,
the GR has delegated the authority to sign the certification in
writing to ------------------, the Coordinator of the State Highway
Safety Office.
     The reported Statewide seat belt use rate is based on a
survey design that was approved by NHTSA, in writing, as conforming
to the Uniform Criteria for State Observational Surveys of Seat Belt
Use, 23 CFR Part 1340.
     The survey design has remained unchanged since the
survey was approved by NHTSA.
     ----------------, a qualified survey statistician, has
reviewed the seat belt use rate reported above and information
reported in Part B and has determined that they meet the Uniform
Criteria for State Observational Surveys of Seat Belt Use, 23 CFR
Part 1340.
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Signature

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Date

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Printed name of signing official

                                                       Part B--Data Collected at Observation Sites
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                                                                                Number of         Number of         Number of
 Site ID    Site type \1\    Date  observed     Sample weight       Number of      Number of front    occupants \2\       occupants      occupants with
                                                                     drivers         Passengers          belted           unbelted      unknown belt use
--------------------------------------------------------------------------------------------------------------------------------------------------------
          ................  ................  ................  ................  ................  ................  ................  ................
          ................  ................  ................  ................  ................  ................  ................  ................
          ................  ................  ................  ................  ................  ................  ................  ................
          ................  ................  ................  ................  ................  ................  ................  ................
         -----------------------------------------------------------------------------------------------------------------------------------------------
Total     ................  ................  ................  ................  ................  ................  ................  ................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Standard Error of Statewide Belt Use Rate \3\------
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    \1\ Identify if the observation site is an original observation
site or an alternate observation site.
    \2\ Occupants refer to both drivers and passengers.
    \3\ The standard error may not exceed 2.5 percent.
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    Nonresponse Rate, as provided in Sec.  1340.9(f)
    Nonresponse rate for the survey variable seat belt use: --------

    Issued on: March 28, 2011.
David L. Strickland,
Administrator, National Highway Traffic Safety Administration.

[FR Doc. 2011-7632 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-59-P