48276 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 

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 period ended on July 30, 2008. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

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 58 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Jawad K. 

Al-Shaibani, Harold J. Bartley, Jr., 

Kenneth J. Bernard, Allen G. Bors, Brad 

T. Braegger, Michael C. Branham, John 

E. Breslin, Trixie L. Brown, Raymond L. 

Brush, Marcus S. Burkholder, Scott F. 

Chalfant, Leroy A. Chambers, Harvis P. 

Cosby, Rodney D. Curtis, Norman J. Day, 

Michael D. DeBerry, Francisco Espinal, 

William L. Foote, Spencer N. Haugen, 

Victor B. Hawks, Edward J. Hess, Jr., 

William G. Hix, Ralph Holmes, Bruce A. 

Homan, Timothy B. Hummel, Fredrick 

C. Ingles, Larry L. Jarvis, Michael S. 

Johannsen, Charles Johnston, Harry L. 

Jones, Mearl C. Kennedy, Patrick E. 

Martin, Bennet G. Maruska, Leland K. 

McAlhaney, Bobby G. Minton, William 

C. Mohr, Sr., Charles J. Morman, Charles 

R. Murphy, Larry A. Nienhuis, Corey L. 

Paraf, Kenneth R. Piechnik, John J. 

Pribanic, Ronald M. Price, John P. 

Raftis, Bruce G. Robinson, Scott D. 

Russell, Alton M. Rutherford, Richard 

A. Schneider, Charles L. Schnell, 

Andrew W. Schollett, Joseph B. Shaw, 

Jr., Wolfgang V. Spekis, Sandra J. 

Sperling, Ryan K. Steelman, Robert L. 

Swartz, Jr., Charles V. Tracey, Duane L. 

Tysseling, and Leonard R. Wilson. 

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: August 12, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–19078 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–99–5578, FMCSA–99–

6156, FMCSA–99–6480, FMCSA–00–7006, 

FMCSA–00–7165, FMCSA–04–17195, 

FMCSA–06–23773, FMCSA–06–24015] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 25 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

reviewed the comments submitted in 

response to the previous announcement 

and 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. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202)–366–4001, 

fmcsamedical@dot.gov, 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. 

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 period ended on June 16, 

2008. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

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 25 renewal 

applications, FMCSA renews the 

Federal vision exemptions for James C. 

Askin, Paul J. Bannon, Ernie E. Black, 

Ronnie F. Bowman, Gary O. Brady, 

Richard J. Cummings, Stephen H. 

Goldcamp, Steven F. Grass, Wai F. King, 

Dennis E. Krone, Christopher P. Lefler, 

William F. Mack, Richard J. McKenzie, 

Jr., Christopher J. Meerten, Craig W. 

Miller, William J. Miller, Robert J. 

Mohorter, James A. Mohr, Roderick F. 

Peterson, Tommy L. Ray, Jr., Ricky L. 

Shepler, Donald W. Sidwell, Elmer K. 

Thomas, Raul R. Torres, and Richard G. 

Wendt. 

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: August 12, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–19086 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Title 49 Code of 

Federal Regulations (CFR) § 211.41, and 

49 U.S.C. 20103, this notice is hereby 

given that the Federal Railroad 

Administration (FRA) has received a 

request for a waiver of compliance from 

certain requirements of its safety 

regulations. The individual petition is 

described below, including the parties 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

sought, and the petitioners’ argument in 

favor of relief. 

Association of American Railroads and 

The American Short Line and Regional 

Railroad Association 

[FRA Docket No. FRA–2008–0092] 

On August 6, 2008, the Association of 

American Railroads (AAR) and The 

American Short Line and Regional 

Railroad Association (ASLRRA) jointly 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 48277 

1 GNP was previously known as Altac Terminals 

Washington, Inc. GNP changed its corporate name 

through an amendment to its articles of 

incorporation filed with the Secretary of State of the 

State of Washington on September 10, 2007. 

2The line of railroad approved for abandonment 

pursuant to that decision extended from milepost 

39.00 to milepost 47.11, a distance of approximately 

8.11 miles. 

3We note that the County does not appear to own 

the segment covering milepost 39.0 to milepost 39.1 

of the line. 

filed a waiver request seeking to delay 

the August 25, 2008 implementation 

date of amendments to Title 49, CFR, 

§ 40.67, which was issued by the 

Department of Transportation (DOT) on 

June 25, 2008 (73 FR 35961). Part 40 is 

incorporated by reference in § 219.701 

of Title 49, CFR, Part 219, Control of 

Drug and Alcohol Use in Railroad 

Operations. The amendments to § 40.67 

apply to drug tests where a direct 

observation of the urine collection is 

required (e.g., the employee presented a 

cold specimen at the collection site; had 

an invalid test result without a 

legitimate medical reason; had a 

positive or adulterated test result which 

had to be cancelled because the required 

test of the employee’s split specimen 

could not be performed; or had a prior 

positive or refusal to test and was 

subject to return-to-duty and follow-up 

testing). 

As amended, § 40.67 will require an 

employee to raise his/her shirt and 

lower his/her pants and undergarments 

to show an observer that he or she does 

not have a prosthetic device which 

could be used to affect the validity of 

the test; the direct observer must be of 

the same gender as the employee 

because of privacy concerns. In their 

petition, the AAR and ASLRRA state 

that the railroad industry is comprised 

mainly of male employees, while the 

majority of their current contract 

collectors are female, and that they need 

additional time to arrange for more male 

contract collectors and to complete 

training on the new direct observation 

procedures. 

For the reasons stated above, the 

petitioners ask FRA to waive until 

November 1, 2008, § 219.701’s 

incorporation by reference of Part 40 to 

the extent that it incorporates § 40.67’s 

new requirements for directly observed 

collections. Although the specific relief 

requested is a waiver of Part 219’s 

incorporation of the August 25, 2008 

effective date of § 40.67 as applied to 

return-to-duty and follow-up tests, the 

petitioners elsewhere state that their 

purpose is to seek ‘‘a delay in the 

effective date until November 1, 2008, 

for amendments to 49 CFR 40.67 issued 

by the Department of Transportation on 

June 25, 2008.’’ FRA therefore infers 

that petitioners are also seeking to defer 

the effective date of Part 219’s 

incorporation of § 40.67 as applied to 

mandatory direct observations triggered 

by employee behavior at the collection 

site. The petitioner also requests that 

DOT and the FRA reassess whether the 

new direct observation requirements are 

necessary, by monitoring observed drug 

tests over the next two years. 

The petitioners have sent a very 

similar petition to the Office of the 

Secretary of Transportation (OST). Both 

petitions focus on portions of the direct 

observation provisions of 49 CFR Part 

40, an OST regulation applicable to all 

DOT agencies having drug testing 

programs, making parallel arguments 

concerning these provisions. FRA will 

fully coordinate its response to the 

petition sent to FRA with OST’s 

response to the petitions sent to OST, 

and FRA’s response will be consistent 

with that of OST with respect to the 

issues involved. 

Comments should reference Docket 

No. FRA 2008–0092, and may be 

submitted by 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, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Docket 

Management Facility, U.S. Department 

of Transportation, 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: (202) 493–2251. 

All documents in the public docket, 

including the AAR/ASLRRA joint 

waiver request and all comments 

received, will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Because of the necessity for expedited 

processing of this petition, FRA does 

not anticipate scheduling a public 

hearing in connection with this request 

for a waiver of certain regulatory 

provisions. Communications received 

by Aug. 21, 2008 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered as far as practicable. 

For access to the docket, go to 

http://www.regulations.gov anytime, or 

to the Docket Management Facility, U.S. 

Department of Transportation, 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. Follow the online 

instructions for accessing the dockets, 

where you may also review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78). 

Issued in Washington, DC on August 12, 

2008. 

Michael J. Logue, 

Deputy Associate Administrator for Safety 

Compliance and Program Implementation. 

[FR Doc. E8–19037 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35151] 

GNP Rly Inc.—Modified Rail 

Certificate—In Snohomish County, WA 

On July 14, 2008, GNP Rly Inc. 

(GNP) 1 filed an application for a 

modified certificate of public 

convenience and necessity under 49 

CFR Part 1150, Subpart C, Modified 

Certificate of Public Convenience and 

Necessity (modified certificate), to lease 

and operate a segment of a line of 

railroad in the City of Snohomish, 

Snohomish County (County), WA. The 

segment is owned by the County and 

extends from milepost 39.1 to milepost 

39.3, a distance of approximately 0.2 

miles. On August 7, 2008, Mayor Randy 

Hamlin, on behalf of the City of 

Snohomish (City), filed a letter in 

response to GNP’s application. 

The segment is part of a line of 

railroad authorized to be abandoned 

pursuant to a decision issued by the 

Board’s predecessor agency, the 

Interstate Commerce Commission, in 

Burlington Northern Railroad 

Company—Exemption—Abandonment 

in Snohomish County, WA, Docket No. 

AB–6 (Sub-No. 280X) (ICC served Mar. 

12, 1986).2 GNP states that the County 

acquired the segment on October 20, 

1992.3

The County leased the segment to 

GNP by agreement dated May 23, 2008. 

GNP states that it will lease the segment 

for an initial term beginning January 1, 

2008, and ending December 31, 2039, 

with a 31-year renewal term. GNP states 

that the segment will be used for the 

reconstruction of 350 yards of sidings 

and service tracks for storage and 

maintenance of locomotives and cars 

and as a base of operations for trains, 

motive power, and rolling stock to be 


sroberts on PROD1PC70 with NOTICES