18728 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 

Qualifications Division, (202) 366–4001, 

fmcsamedical@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., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Document Management 

System (DMS) at http://dmses.dot.gov. 

Background 

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. The 

comment periods ended on March 16, 

and March 22, 2007. 

Discussion of Comments 

FMCSA received two comments in 

these proceedings. The comments were 

considered and discussed below. 

Ms. Sachau believes that the approval 

or renewal of vision exemptions does 

not take into account the issue of safety 

on the road and granting exemptions 

only makes the roads much more 

dangerous. 

A review of each record for safety 

while driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

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 or 

she has driven a commercial vehicle 

safely with the vision deficiency for 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–98–

3637. 

Advocates for Highway and Auto 

Safety (Advocates) expressed opposition 

to FMCSA’s policy to grant exemptions 

from the FMCSR, including the driver 

qualification standards. Specifically, 

Advocates: (1) Objects to the manner in 

which FMCSA presents driver 

information to the public and makes 

safety determinations; (2) objects to the 

Agency’s reliance on conclusions drawn 

from the vision waiver program; (3) 

claims the Agency has misinterpreted 

statutory language on the granting of 

exemptions (49 U.S.C. 31136(e) and 

31315); and finally (4) suggests that a 

1999 Supreme Court decision affects the 

legal validity of vision exemptions. 

The issues raised by Advocates were 

addressed at length in 64 FR 51568 

(September 23, 1999), 64 FR 66962 

(November 30, 1999), 64 FR 69586 

(December 13, 1999), 65 FR 159 (January 

3, 2000), 65 FR 57230 (September 21, 

2000), and 66 FR 13825 (March 7, 2001). 

We will not address these points again 

here, but refer interested parties to those 

earlier discussions. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 28 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Henry 

Ammons, Jr., Michael D. Archibald, 

Robert D. Bonner, Howard K. Bradley, 

Kirk G. Braegger, Ambroiso E. Calles, 

David S. Carman, Jose G. Cruz, Everett 

A. Doty, Cedric E. Foster, Glen T. 

Garrabrant, Donald J. Goretski, Harry P. 

Henning, Christopher L. Humphries, 

Alan L. Johnston, Ralph J. Miles, Dennis 

I. Nelson, William R. New, Rance A. 

Powell, Shannon E. Rasmussen, James 

R. Rieck, Thomas C. Rylee, Stanley B. 

Salkowski, III., Garfield A. Smith, 

Michael G. Thomas, William H. 

Twardus, Henry L. Walker, and Ronald 

Watt. 

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

and 31315, each renewal 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. 

Issued on: April 6, 2007. 

Larry W. Minor, 

Acting, Associate Administrator, Policy and 

Program Development. 

[FR Doc. E7–6999 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Petitions for Approval; 

Railroad Safety Program Plans 

Although not required, the Federal 

Railroad Administration (FRA) is 

providing notice that it has received 

petitions for approval of two Railroad 

Safety Program Plans (RSPP) submitted 

pursuant to 49 Code of Federal 

Regulations (CFR) part 236, subpart H. 

The individual petitions are described 

below, including the party seeking 

approval and the requisite docket 

numbers where the petitions and any 

related information may be found. 

These documents are available for 

public inspection; however, FRA is not 

accepting public comment on the 

documents as this notice is provided for 

information only. 

Alaska Railroad Corporation (ARRC) 

[Waiver Docket Number FRA–2007–27600] 

ARRC submitted a petition for 

approval of an RSPP. The petition, the 

RSPP, and any related documents have 

been placed in the requisite docket and 

are available for public inspection. 

Norfolk Southern Corporation (NS) 

[Waiver Docket Number FRA–2006–26260] 

NS submitted a petition for approval 

of an RSPP. The petition, the RSPP, and 

any related documents have been placed 

in the requisite docket and are available 

for public inspection. 

All documents in the public docket 

are also available for inspection and 

copying on the Internet at the docket 

facility’s Web site at http://dms.dot.gov. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477–

78). The Statement may also be found at 

http://dms.dot.gov. 

Issued in Washington, DC on April 9, 2007. 

Grady C. Cothen Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E7–7069 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 18729 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Canadian National Railway Company 

[Waiver Petition Docket Number FRA–2007–

27410] 

The Canadian National Railway 

Company (CN), on behalf of its wholly 

owned subsidiaries, Illinois Central 

Railroad Company, Wisconsin Central, 

Grand Trunk and Western Railroad 

Company, Chicago Central & Pacific 

Railroad Company, Duluth, Winnipeg & 

Pacific Railroad Company, Bessemer & 

Lake Erie Railroad Company, and the 

Duluth Missabe & Iron Range Railroad 

Company, seeks a waiver of compliance 

with the Locomotive Safety Standards, 

49 CFR 229.25(b), as it pertains to the 

92-day periodic requirement to inspect 

electrical devices and visible insulation. 

CN requests to remove DC traction 

motor covers and inspect the interior of 

the motor during the second and fourth 

periodic inspection. According to the 

petitioner, CN requires all traction 

motor brushes be replaced during the 

locomotive’s annual inspection. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (FRA–2007–

27410) and must be submitted to the 

Docket Clerk, DOT Docket Management 

Facility, Room PL–401 (Plaza Level), 

400 7th Street, SW., Washington, DC 

20590. Communications received within 

45 days of the date of this notice will 

be considered by FRA before final 

action is taken. Comments received after 

that date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at http:// 

dms.dot.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). The 

Statement may also be found at http:// 

dms.dot.gov. 

Issued in Washington, DC on April 9, 2007. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E7–7068 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2007–27556] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favour of relief. 

SMS Lines 

[Docket Number FRA–2007–27556] 

The SMS Lines, a Class III railroad, 

seeks a waiver of compliance from the 

requirements of Title 49 CFR 223.11. 

SMS has operated within the Pureland 

Industrial Park in Bridgeport, Gloucester 

County, New Jersey since June, 1994. 

The petitioner proposes to use 

Locomotive Number 412, on a limited 

basis only at this location for yard and 

local switching service. 

Locomotive Number 412, model VO–

1000, was built by the Baldwin 

Locomotive Works (BLW) in 1945, and 

is owned by the United Railroad 

Historical Society (URHS), a non-profit 

organization. SMS is assisting the URHS 

in the restoration of this locomotive and 

upon completion, would operate it over 

approximately 5 miles of track with 

three grade crossings within the 

industrial park. The current operations 

average 1 train per day, 6 days per week, 

year-round throughout the park at 

restricted speed. All track is FRA 

Class I (10 mph). 

The petitioner believes that this 

locomotive can be safely operated 

throughout the industrial park with the 

current non-compliant safety-type 

glazing. The cost to the URHS for 

installation of all new window frames 

and compliant FRA Types I & II glazing 

is significant with only a marginal 

increase in safety due to the low speed. 

Historically, there has been no 

vandalism of railroad glazing within the 

Pureland Industrial Park, and there are 

no overhead bridges nor tunnels. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2007–

27556) and must be submitted in 

triplicate to the Docket Clerk, DOT 

Central Docket Management Facility, 

Room Pl–401, Washington, DC 20590–

0001. Communications received within 

45 days of the date of this notice will 

be considered by FRA before final 

action is taken. Comments received after 

that date will be considered as far as 

practicable. 

All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at DOT 

Central Docket Management Facility, 

Room Pl–401 (Plaza Level), 400 Seventh 

Street, SW., Washington, DC. All 

documents in the public docket are also 

available for inspection and copying on 

the Internet at the docket facility’s Web 

site at http://dms.dot.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19377–78). The 

statement may also be found at http:// 

dms.dot.gov. 

Issued in Washington, DC, on April 9, 

2007. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E7–7079 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–06–P 


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