11426 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

Jose M. Limon-Alvarado 

Eugene R. Lydick 

John W. Montgomery 

Zeljko Popovac 

Richie J. Schwendy 

Scottie Stewart 

Artis Suitt 

Clarence L. Swann, Jr. 

Kerry W. VanStory 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination 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 and retain a copy of the certification 

on his/her person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. Each exemption will be valid 

for two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) The person fails to 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(e) and 

31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 15 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 78256; 66 FR 

16311; 68 FR 13360; 70 FR 12265; 67 FR 

68719; 68 FR 2629; 70 FR 16887; 69 FR 

33997; 69 FR 61292; 70 FR 2701). Each 

of these 15 applicants has requested 

timely renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by April 12, 

2007. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 15 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was based on the 

merits of each case and only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all of these 

drivers, are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: March 6, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–4495 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–00–7363, FMCSA–00–

7918, FMCSA–00–8398, FMCSA–02–12844, 

FMCSA–02–13411] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 19 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

23, 2007. Comments must be received 

on or before April 12, 2007. 

ADDRESSES: You may submit comments 

identified by DOT Docket Management 

System (DMS) Docket Numbers 

FMCSA–00–7363, FMCSA–00–7918, 

FMCSA–00–8398, FMCSA–02–12844, 

FMCSA–02–13411, using any of the 

following methods. 

• Web Site: http://dmses.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the Agency name and docket 

numbers for this Notice. Note that all 

comments received will be posted 

without change to http://dms.dot.gov, 

including any personal information 

provided. Please see the Privacy Act 

heading for further information. 


cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 11427 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The DMS is available 

24 hours each day, 365 days each year. 

If you want us to notify you that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 the Department of 

Transportation’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477; April 11, 2000). This information 

is also available at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Chief, Physical 

Qualifications Division, (202) 366–4001, 

maggi.gunnels@dot.gov FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Room 8301, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., E.T., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Exemption Decision 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. This notice addresses 19 

individuals who have requested renewal 

of their exemptions in accordance with 

FMCSA procedures. FMCSA has 

evaluated these 19 applications for 

renewal on their merits and decided to 

extend each exemption for a renewable 

two-year period. They are: 

Carl W. Adams 

David W. Ball 

Joseph M. Blankenship 

Mark L. Braun 

Willie Burnett, Jr. 

Donald K. Driscoll 

Jerald O. Edwards 

Elias Gomez, Jr. 

William G. Holland 

Bruce G. Horner 

Thomas F. Marczewski 

Roy E. Mathews 

James T. McGraw, Jr. 

Carl A. Michel, Sr. 

Robert A. Moss 

Bobby G. Pool, Sr. 

Thaddeus E. Temoney 

Harry C. Weber 

Yu Weng 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination 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 and retain a copy of the certification 

on his/her person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. Each exemption will be valid 

for two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded 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(e) and 

31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 19 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 45817; 65 FR 

77066; 68 FR 13360; 70 FR 12265; 65 FR 

66286; 66 FR 13825; 68 FR 10300; 70 FR 

7546; 65 FR 78256; 66 FR 16311; 67 FR 

68719; 68 FR 2629; 70 FR 7545; 67 FR 

76439; 68 FR 10298). Each of these 19 

applicants has requested timely renewal 

of the exemption and has submitted 

evidence showing that the vision in the 

better eye continues to meet the 

standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by April 12, 

2007. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 19 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was based on the 

merits of each case and only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all of these 

drivers, are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 


cprice-sewell on PROD1PC66 with NOTICES
11428 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

1On December 29, 2006, Union Pacific Railroad 

Company (UP) concurrently filed a verified notice 

of exemption under the Board’s class exemption 

procedures at 49 CFR 1180.2(d)(7). The notice 

covered the agreement by the BNSF Railway 

Company (BNSF) to extend the expiration date of 

the local trackage rights granted to UP over BNSF’s 

line of railroad between BNSF milepost 579.3 near 

Mill Creek, OK, and BNSF milepost 631.1 near Joe 

Junction, TX, a distance of approximately 51 miles. 

UP submits that the trackage rights are only 

temporary rights, but, because they are ‘‘local’’

rather than ‘‘overhead’’ rights, they do not qualify 

for the Board’s class exemption for temporary 

trackage rights at 49 CFR 1180.2(d)(8). See Union 

Pacific Railroad Company—Temporary Trackage 

Rights Exemption—BNSF Railway Company, STB 

Finance Docket No. 34554 (Sub-No. 6) (STB served 

Jan. 12, 2007). 

2The original trackage rights granted in Union 

Pacific Railroad Company—Temporary Trackage 

Rights Exemption—The Burlington Northern and 

Santa Fe Railway Company, STB Finance Docket 

No. 34554 (STB served Oct. 7, 2004), also extended 

from BNSF milepost 579.3 near Mill Creek, OK, to 

BNSF milepost 631.1 near Joe Junction, TX. By 

decisions served on November 24, 2004, in STB 

Finance Docket No. 34554 (Sub-No. 1), on March 

25, 2005, in STB Finance Docket No. 34554 (SubNo. 3), and on March 23, 2006, in STB Finance 

Docket No. 34554 (Sub-No. 5), the Board granted 

exemptions to permit the trackage rights authorized 

in STB Finance Docket No. 34554 and extended in 

STB Finance Docket No. 34554 (Sub-No. 2), served 

on February 11, 2005, and in STB Finance Docket 

No. 34554 (Sub-No. 4), served on March 3, 2006, 

to expire. At the time of the last extension, it was 

anticipated by the parties that the rights would 

expire on or about December 31, 2006. However, 

this authority had not yet been exercised at the time 

of filing of the notice of exemption in STB Finance 

Docket No. 34554 (Sub-No. 6) for a further 

extension of the expiration date. 

Issued on: March 6, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–4496 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34554 (Sub-No. 

7)] 

Union Pacific Railroad Company—

Temporary Trackage Rights 

Exemption—BNSF Railway Company 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Partial Revocation of 

Exemption. 

SUMMARY: The Board, under 49 U.S.C. 

10502, revokes the class exemption as it 

pertains to the modified trackage rights 

described in STB Finance Docket No. 

34554 (Sub-No. 6) 1 to permit the 

trackage rights to expire on or about 

December 31, 2007, in accordance with 

the agreement of the parties,2 subject to 

the employee protective conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

DATES: This exemption is effective on 

April 12, 2007. Petitions to stay must be 

filed by March 23, 2007. Petitions to 

reopen must be filed by April 2, 2007. 

ADDRESSES: An original and 10 copies of 

all pleadings referring to STB Finance 

Docket No. 34554 (Sub-No. 7) must be 

filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, a copy of 

all pleadings must be served on 

petitioner’s representative: Gabriel S. 

Meyer, 1400 Douglas Street, STOP 1580, 

Omaha, NE 68179. 

FOR FURTHER INFORMATION CONTACT: 

Joseph H. Dettmar (202) 245–0395. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision. To purchase a 

copy of the full decision, write to, email or call: ASAP Document Solutions, 

9332 Annapolis Rd., Suite 103, Lanham, 

MD 20706; e-mail asapdc@verizon.net; 

telephone (202) 306–4004. [Assistance 

for the hearing impaired is available 

through FIRS at 1–800–877–8339.] 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 5, 2007. 

By the Board, Chairman Nottingham, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–4424 Filed 3–12–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Open Meeting of the Wage & 

Investment Reducing Taxpayer Burden 

(Notices) Issue Committee of the 

Taxpayer Advocacy Panel 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice. 

SUMMARY: An open meeting of the Wage 

& Investment Reducing Taxpayer 

Burden (Notices) Issue Committee of the 

Taxpayer Advocacy Panel will be 

conducted (via teleconference). The 

Taxpayer Advocacy Panel is soliciting 

public comments, ideas and suggestions 

on improving customer service at the 

Internal Revenue Service. 

DATES: The meeting will be held 

Thursday, April 5, 2007 from 1 p.m. ET. 

FOR FURTHER INFORMATION CONTACT: 

Sallie Chavez at 1–888–912–1227, or 

954–423–7979. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to section 10 (a) 

(2) of the Federal Advisory Committee 

Act, 5 U.S.C. App. (1988) that an open 

meeting of the Wage & Investment 

Reducing Taxpayer Burden (Notices) 

Issue Committee of the Taxpayer 

Advocacy Panel will be held Thursday, 

April 5, 2007 from 1 p.m. ET via a 

telephone conference call. If you would 

like to have the TAP consider a written 

statement, please call 1–888–912–1227 

or 954–423–7979, or write Sallie 

Chavez, TAP Office, 1000 South Pine 

Island Road, Suite 340, Plantation, FL 

33324. Due to limited conference lines, 

notification of intent to participate in 

the telephone conference call meeting 

must be made with Sallie Chavez. Ms. 

Chavez can be reached at 1–888–912–

1227 or 954–423–7979, or post 

comments to the Web site: 

http://www.improveirs.org. 

The agenda will include: Various IRS 

issues. 

Dated: March 7, 2007. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel. 

[FR Doc. E7–4467 Filed 3–12–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Open Meeting of the Taxpayer 

Assistance Center Committee of the 

Taxpayer Advocacy Panel 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice. 

SUMMARY: An open meeting of the 

Taxpayer Assistance Center Committee 

of the Taxpayer Advocacy Panel will be 

conducted (via teleconference). The 

Taxpayer Advocacy Panel (TAP) is 

soliciting public comments, ideas, and 

suggestions on improving customer 

service at the Internal Revenue Service. 

DATES: The meeting will be held 

Tuesday, April 3, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Dave Coffman at 1–888–912–1227, or 

206–220–6096. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to Section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988) 

that an open meeting of the Taxpayer 

Assistance Center Committee of the 


cprice-sewell on PROD1PC66 with NOTICES