[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Notices]
[Page 38002]
[DOCID:fr30jy09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-522]

Duke Power Company, LLC; North Carolina and South Carolina;
Notice of Availability of the Final Environmental Impact Statement for
the Catawba-Wateree Hydroelectric Project

July 23, 2009.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for license for the
Catawba-Wateree Hydroelectric Project (FERC No. 2232), located on the
Catawba River in the counties of Burke, McDowell, Caldwell, Catawba,
Alexander, Iredell, Mecklenburg, Lincoln, and Gaston in North Carolina,
and the counties of York, Lancaster, Chester, Fairfield, and Kershaw in
South Carolina, and has prepared a Final Environmental Impact Statement
(final EIS) for the project.
    The final EIS contains staff evaluations of the applicant's
proposal and the alternatives for relicensing the Catawba-Wateree
Project. The final EIS documents the views of governmental agencies,
non-governmental organizations, affected Indian tribes, the public, the
license applicant, and Commission staff.
    A copy of the final EIS is available for review in the Commission's
Public Reference Branch, Room 2A, located at 888 First Street, NE.,
Washington, DC 20426. The final EIS also may be viewed on the
Commission's Web site at http://www.ferc.gov under the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    For further information, contact Sean Murphy at<PHONE_NUMBER> or
at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-18154 Filed 7-29-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61833-61835]
[DOCID:fr06oc10-166]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0161]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 17 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision standard. 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 are effective October 6, 2010. The exemptions
expire on October 8, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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.

SUPPLEMENTARY INFORMATION:

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 at any time 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. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-

addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On July 12, 2010, FMCSA published a notice of receipt of exemption
applications from certain individuals, and requested comments from the
public (75 FR 39725). That notice listed 17 applicants' case histories.
The 17 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 17 applications on their merits
and made a determination to grant exemptions to each of them.

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[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 (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard,
but have adapted their driving to accommodate their vision limitation
and demonstrated their ability to drive safely. The 17 exemption
applicants listed in this notice are in this category. They are unable
to meet the vision standard in one eye for various reasons, including
amblyopia, loss of vision, macular choroidal neovascularization,
macular scarring, optic nerve atrophy, optic nerve damage, prosthesis,
retinal detachment, retinal scarring, retinopathy and a ruptured globe.
In most cases, their eye conditions were recently developed. 5 of the
applicants were either born with their vision impairments or have had
them since childhood. The 12 individuals who sustained their vision
conditions as adults have had them for periods ranging from 4 to 34
years.
    Although each applicant has one eye which does not meet the vision
standard 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 standards for their
State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a commercial vehicle,
with their limited vision, to the satisfaction of the State. While
possessing a valid CDL or non-CDL, these 17 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 for careers ranging from 3 to 35
years. In the past 3 years, none of the drivers were involved in
crashes or convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the July 12, 2010
notice (75 FR 39725).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard 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 not only the medical reports about the applicants' vision,
but also their driving records and experience with the vision
deficiency.
    To qualify for an exemption from the vision standard, 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.
    We believe we 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 17 applicants, none of the applicants were involved in crashes or
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 standard 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 17 applicants listed in the notice of July
12, 2010 (75 FR 39725).
    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 17 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 self-employed. 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 no comments in this proceeding.

Conclusion

    Based upon its evaluation of the 17 exemption applications, FMCSA
exempts, Ramon Adame, Calvin D. Bills, Joel W. Bryant, Jonathan
Carriaga, Michael R. Clark, James D. Drabek, Jr., Curtis E. Firari,
Percy L. Gaston, Ronald M. Green, Richard Iocolano, Daniel W. Johnson,
Albert E. Joiner, Richard L. Kelley, Charles E. Queen, Matias P.
Quintanilla, Richard T. Traigle and Eugene E. Wright, 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 September 29, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-25197 Filed 10-5-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Notices]
[Pages 28595-28597]
[FR Doc No: 2012-11790]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: May 17, 2012, 10:00 a.m.

PLACE: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.
* Note--Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using

the eLibrary link, or may be examined in the Commission's Public
Reference Room.

981ST--Meeting

Regular Meeting

May 17, 2012
10:00 a.m.

----------------------------------------------------------------------------------------------------------------
              Item No.                     Docket No.                              Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1................................  AD02-1-000............  Agency Business Matters.
A-2................................  AD02-7-000............  Customer Matters, Reliability, Security and Market
                                                              Operations.
A-3................................  AD05-9-000............  Summer Energy Market Assessment 2012.
A-4................................  AD12-15-000...........  Report on Arizona-Southern California Outages on
                                                              September 8, 2011.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1................................  RM10-23-001...........  Transmission Planning and Cost Allocation by
                                                              Transmission Owning and Operating Utilities.
E-2................................  OMITTED...............
E-3................................  EL12-35-000...........  Midwest Independent Transmission System Operator,
                                                              Inc.; ALLETE, Inc.; Ameren Illinois Company;
                                                              Ameren Transmission Company of Illinois; American
                                                              Transmission Company, LLC; Big Rivers Electric
                                                              Corporation; Board of Water, Electric and
                                                              Communications Trustees of the City of Muscatine,
                                                              Iowa; Central Minnesota Municipal Power Agency;
                                                              City of Columbia, Missouri, Water & Light Company;
                                                              City Water, Light & Power (Springfield, Illinois);
                                                              Dairyland Power Cooperative; Great River Energy;
                                                              Hoosier Energy Rural Electric Cooperative, Inc.;
                                                              Indiana Municipal Power Agency; Indianapolis Power
                                                              & Light Company; International Transmission
                                                              Company; ITC Midwest, LLC; Michigan Electric
                                                              Transmission Company, LLC; Michigan Public Power
                                                              Agency; Michigan South Central Power Agency;
                                                              MidAmerican Energy Company; Missouri River Energy
                                                              Services; Montana-Dakota Utilities Company;
                                                              Montezuma Municipal Light & Power; Municipal
                                                              Electric Utility of the City of Cedar Falls, Iowa;
                                                              Muscatine Power and Water; Northern Indiana Public
                                                              Service Company; Northern States Power Company, a
                                                              Minnesota Corporation; Northern States Power
                                                              Company, a Wisconsin Corporation; Northwestern
                                                              Wisconsin Electric Company; Otter Tail Power
                                                              Company; Southern Illinois Power Cooperative;
                                                              Southern Indiana Gas & Electric Company; Southern
                                                              Minnesota Municipal Power Agency; Tipton Municipal
                                                              Utilities; Union Electric Company; Wabash Valley
                                                              Power Association, Inc.; Wolverine Power Supply
                                                              Cooperative, Inc.
E-4................................  ER12-1204-000.........  PJM Interconnection, L.L.C.
E-5................................  PL12-1-000............  The Commission's Role Regarding the Environmental
                                                              Protection Agency's Mercury and Air Toxics
                                                              Standards.
E-6................................  OMITTED...............
E-7................................  QM12-2-000, QM12-2-001  Public Service Company of New Mexico.
E-8................................  PA10-13-000...........  ITC Holdings Corporation.
E-9................................  ER11-4336-004.........  ISO New England Inc.
E-10...............................  EL11-9-001............  CAlifornians for Renewable Energy, Inc., (CARE) and
                                                              Barbara Durkin v. National Grid, Cape Wind, and
                                                              the Massachusetts Department of Public Utilities.
E-11...............................  OMITTED...............
E-12...............................  EL11-49-000...........  National Grid Transmission Services Corporation and
                                                              Bangor Hydro Electric Company.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1................................  P-14263-001...........  Wyco Power and Water, Inc.
H-2................................  OMITTED...............
H-3................................  P-14358-001...........  Borough of Weatherly, Pennsylvania.
H-4................................  OMITTED...............
H-5................................  P-2145-109............  Public Utility District No. 1 of Chelan County,
                                                              Washington.
H-6................................  P-2114-250............  Public Utility District No. 2 of Grant County,
                                                              Washington.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1................................  CP11-547-000..........  Natural Gas Pipeline Company of America LLC.
C-2................................  CP12-31-000...........  Southern LNG Company, L.L.C.
----------------------------------------------------------------------------------------------------------------

    A free Web cast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar. The event will contain a link to its Web cast. The
Capitol Connection provides technical support for the free Web casts.
It also offers access to this event via television in the DC area and
via phone bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will

not be telecast through the Capitol Connection service.

    Dated: May 10, 1012.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2012-11790 Filed 5-11-12; 11:15 am]
BILLING CODE 6717-01-P