51336 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

routing requirements for nonradioactive hazardous materials are set 

forth in 49 CFR part 397, subpart C, and 

apply to any designations established or 

modified on or after November 14, 1994. 

See 49 CFR 397.69(a). A State or Indian 

tribe must follow FMCSA standards 

when establishing highway routing 

requirements for hazardous materials. 

See 49 CFR 397.71 (Federal standards 

for routing of nonradioactive hazardous 

materials (NRHM)). Except as provided 

in §§ 397.75 (dispute resolution) and 

397.219 (waiver), a NHRM route 

designation made in violation of 

§ 397.69(a) is preempted pursuant to 

section 105(b)(4) of the Hazardous 

Materials Transportation Act, as 

amended, 49 U.S.C. 5125(c), 49 CFR 

397.69(b). 

MassHighway submits that the Boston 

regulation on routing of hazardous 

materials has been in place since 1980. 

Subsequent construction on the Central 

Artery and Third Harbor Tunnel Project 

(often referred to as the ‘‘Big Dig’’) 

impacted the routes used by 

transporters of hazardous materials in 

Boston. After September 11, 2001, 

Boston changed its policy on issuing 

permits necessary for transportation of 

hazardous materials through Boston. 

Boston officials take the position that 

Boston’s regulation is grandfathered 

under 49 U.S.C. 5125(c)(2)(A) and (B) 

and that minor routing changes have not 

impacted the fact that the regulation is 

not subject to preemption under 49 CFR 

397.69. Boston also argues that its 

increased enforcement and policy on 

issuing permits falls squarely within its 

permitting authority. MassHighway 

acknowledges that the regulated 

community argues that the policy 

changes are a de facto change in routing 

restrictions and hazmat carriers denied 

permits must now pass through 

multiple communities surrounding 

Boston, increasing and transferring risk 

to other communities and depriving the 

public of involvement in the routing 

process. MassHighway requests that 

FMCSA review the facts, analysis, and 

exhibits presented in its application, 

including the above-described 

circumstances, prior DOT Inconsistency 

and Consistency Determinations, and a 

1981 Federal District Court decision, to 

determine whether the Boston 

regulation and current enforcement 

scheme remain grandfathered under 

Federal law. American Trucking 

Associations, Inc. et al. v. city of Boston 

et al. (D. Mass. filed April 6, 1981) 

(Copy of unpublished opinion provided 

in MassHighway application.) 

On May 30, 2008, ATA filed an 

Application for Preemption 

Determination on the City of Boston’s 

routing and transportation restrictions 

applicable to certain hazardous 

materials. Notice of this application and 

request for comments was published in 

the Federal Register on August 8, 2008. 

See 73 FR 46349 (August 8, 2008). The 

ATA application and Federal Register 

notice may be found at http:// 

www.regulations.gov under nonrulemaking docket no. FMCSA–2008–

0204. ATA alleges that Boston, in the 

course of the construction of the Central 

Artery Tunnel, changed designated 

hazardous materials routes through 

Boston and, in doing so, failed to 

comply with the requirements of 

§ 397.71. ATA requested that the 

FMCSA Administrator make a 

determination on whether the highway 

routing designations established by 

Boston are preempted pursuant to 

§ 397.69(b). 

FMCSA received the MassHighway 

application on or about July 25, 2008. 

MassHighway addresses the same 

central issue as that raised in the ATA 

application, e.g., whether the Boston 

hazardous materials routing 

designations are subject to the 

preemption provisions of § 397.69. In 

order to avoid duplication and address 

the issues raised in these applications in 

a thorough and complete manner, 

FMCSA is consolidating the 

MassHighway application for a 

preemption determination with that of 

the ATA. Copies of the MassHighway 

application for preemption and the ATA 

application for preemption 

determination are available for review 

in the consolidated docket for this 

notice. You may view or obtain a copy 

of the applications online by visiting 

http://www.regulations.gov and going to 

the docket number for this matter 

(FMCSA–2008–0204). 

Public Comments 

FMCSA seeks comments on (1) 

whether Boston’s highway routing 

designations were established or 

modified prior to November 14, 1994, 

exempting them from the preemption 

provisions of 49 CFR 397.69 and/or (2) 

whether Boston’s highway routing 

designations are subject to the 

preemption provisions of 397.69. 

Comments should specifically address 

the preemption standard established 

under 49 CFR 397.69 and 49 U.S.C. 

5125(c). 

Issued on: August 26, 2008. 

David Hugel, 

Deputy Administrator. 

[FR Doc. E8–20222 Filed 8–29–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–99–6156, FMCSA–00–

7006, FMCSA–00–7165, FMCSA–02–12294] 

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 34 

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 

exemption renewals will provide a level 

of safety that is 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 

September 21, 2008. Comments must be 

received on or before October 2, 2008. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–99–

6156, FMCSA–00–7006, FMCSA–00–

7165, FMCSA–02–12294, using any of 

the following methods. 

• Federal eRulemaking Portal: Go to 

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

on-line 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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 


erowe on PROD1PC64 with NOTICES
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 51337 

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 selfaddressed, 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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://DocketInfo.dot.gov. 

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: 

Background 

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. 

Exemption Decision 

This notice addresses 34 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

34 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

John W. Arnold 

Derric D. Burrell 

Anthony J. Cesternino 

Jack D. Clodfelter 

Tommy J. Cross, Jr. 

Eric L. Dawson, III 

Richard L. Derick 

Craig E. Dorrance 

Joseph A. Dunlap 

Calvin J. Eldridge 

Shawn B. Gaston 

James F. Gereau 

Ronald E. Goad 

Reginald I. Hall 

James O. Hancock 

Sherman W. Hawk, Jr. 

Robert C. Jeffres 

Alfred C. Jewell, Jr. 

Lewis V. McNeice 

Kevin J. O’Donnell 

Gregory M. Preves 

James M. Rafferty 

Paul C. Reagle, Sr. 

Daniel Salinas 

Wayne R. Sears 

Lee R. Sidwell 

David L. Slack 

James C. Smith 

Roger R. Strehlow 

John T. Thomas 

Brian W. Whitmer 

Jeffrey D. Wilson 

Larry M. Wink 

William E. Woodhouse 

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 34 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (64 FR 54948; 65 FR 159; 

67 FR 57266; 69 FR 52741; 71 FR 53489; 

65 FR 20245; 65 FR 57230; 65 FR 33406; 

65 FR 57234; 67 FR 46016; 67 FR 57267; 

69 FR 51346; 71 FR 50970). Each of 

these 34 applicants has requested 

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 October 2, 

2008. 

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 34 

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 


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51338 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

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: August 21, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20223 Filed 8–29–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Preparation of an Environmental 

Impact Statement on Central Broward 

East-West Transit Analysis in Broward 

County, FL 

AGENCY: Federal Transit Administration 

(FTA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice of intent to prepare a 

Draft Environmental Impact Statement 

(DEIS). 

SUMMARY: The Federal Transit 

Administration (FTA) and the Florida 

Department of Transportation (FDOT) 

intend to prepare an Environmental 

Impact Statement (EIS) for the proposed 

Central Broward East-West public 

transportation improvements in 

Broward County, Florida, from Sawgrass 

Mills/Bank Atlantic Center in western 

Broward County, to the Fort LauderdaleHollywood International Airport in 

eastern Broward County, with the 

alignment located in the vicinity of 

Sawgrass Corporate Park, Interstate-595 

(I–595), State Road 7 (SR 7), Broward 

Boulevard and Andrews Avenue. The 

EIS will be prepared in accordance with 

regulations implementing the National 

Environmental Policy Act (NEPA), as 

well as provisions of the recently 

enacted Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users. The purpose of this 

Notice of Intent is to alert interested 

parties regarding the plan to prepare the 

EIS, to provide information on the 

nature of the proposed transit project, to 

invite participation in the EIS process, 

including comments on the scope of the 

EIS proposed in this notice, and to 

announce that public scoping meetings 

will be conducted. 

DATES: Comment Due Date: Written 

comments on the scope of the 

alternatives and impacts to be 

considered should be sent to Mr. Scott 

Seeburger, Project Manager, by October 

2, 2008. Addresses for the public 

scoping meetings are as follows. 

ADDRESSES: Written comments on the 

project scope should be sent to Mr. Scott 

Seeburger, Project Manager, Florida 

Department of Transportation, 3400 

West Commercial Boulevard, Fort 

Lauderdale, Florida 33309 (or by e-mail: 

SCOTT.SEEBURGER

@DOT.STATE.FL.US; or by fax: (954) 

777–4671). 

Scoping meetings will be held at the 

following locations: 

Agency Coordination Meeting 

September 15, 2008, 2:30 p.m.–4:30 

p.m., West Regional Library, MultiPurpose Room, 8601 W. Broward 

Boulevard, Plantation, FL 33324. 

Public Meetings 

September 15, 2008, 5:30 p.m.–7:30 

p.m., West Regional Library, MultiPurpose Room, 8601 W. Broward 

Boulevard, Plantation, FL 33324. 

September 17, 2008, 5:30 p.m.–7:30 

p.m., African American Research 

Library, Seminar Rooms 1 & 2, 2650 

Sistrunk Boulevard, Fort Lauderdale, FL 

33311. 

September 25, 2008, 6 p.m.–8 p.m., 

Broward General Medical Center, 

Auditoriums A & B, 1600 S Andrews 

Avenue, Fort Lauderdale, FL 33316. 

These locations are accessible by 

persons with disabilities. If special 

translation or signing services or other 

special accommodations are needed, 

please contact the Project Manager. The 

program includes a project Web site 

(http://www.centralbrowardtransit.com) 

FOR FURTHER INFORMATION CONTACT: 

Jamie Pfister, State Programs Team 

Leader, Federal Transit Administration, 

230 Peachtree, NW., Suite 800, Atlanta, 

Georgia 30303, Telephone: (404) 865–

5600. 

SUPPLEMENTARY INFORMATION: 

I. Scoping 

The Central Broward East-West 

Transit Analysis EIS will examine 

improved transit service in the Central 

Broward East-West Corridor between 

Sawgrass Mills/Bank Atlantic Center 

and the Fort Lauderdale-Hollywood 

International Airport through 

Downtown Fort Lauderdale. The FDOT 

and FTA invite interested individuals, 

organizations, Native American Tribes, 

and federal, state, and local agencies to 

participate in defining the purpose and 

need for, and refining the scope of the 

Central Broward East-West Transit 

Analysis DEIS. Comments should focus 

on identifying any significant social, 

economic, or environmental issues 

related to the proposed alternatives. 

Specific suggestions related to 

alignment configurations to be 

examined, issues to be addressed, and 

additional alternatives are welcome and 

will be considered in the final scope for 

the study. Scoping comments should 

focus on the issues for analysis. 

Comments may be made at the scoping 

meetings or in writing no later than 

October 2, 2008. See DATES and 

ADDRESSES above for meeting times and 

locations and the address for written 

comments. A scoping information 

packet is available from Scott Seeburger 

at the address given above or on the 

project Internet Web page at http:// 

www.centralbrowardtransit.com. See 

ADDRESSES above. 

II. Description of Study Area and 

Project Purpose and Need 

The study area is located in Broward 

County, Florida. The corridor 

boundaries of the study area are in the 

central part of Broward County, 

bounded generally by Oakland Park 

Boulevard on the north, the Sawgrass 

Expressway/I–75 on the west, Griffin 

Road on the south, and the Intracoastal 

Waterway in the east. 

Mobility issues in this corridor have 

been well documented in many studies, 

including the I–95/I–595 Master Plan, 

Tri-County Commuter Rail Authority 

2020 Master Plan for Broward County, 

Interstate 595 Freeway Operational 

Analysis, and the Downtown Fort 

Lauderdale Transit Connector Study. 

The purpose of the Central Broward 

East-West Transit Corridor Project is to 

provide high-quality, high-capacity 

transit service on an east-west axis in 

central Broward County to connect the 

major commercial and retail centers, 

residential areas, and the highly dense 

coastal area. The introduction of 

premium transit service to the corridor 

would offer an alternative means of 

travel for the growing number of 

residents, employees, and visitors in 

Broward County and would improve 

mobility throughout the region. The 

proposed project would support 

continued economic growth and 

development along the corridor and 

would be able to meet the anticipated 

increases in travel demand and help 

reduce future congestion in the corridor. 

Moreover, increased mobility in the 

corridor with fewer numbers of vehicles 

should help to minimize future 

increases in vehicle miles traveled, fuel 

consumption, and vehicle emissions. 


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