Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 52457 

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 13 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

13 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Robert L. Aurandt 

Donald Bostic, Jr. 

Harry R. Brewer 

Clarence N. Florey, Jr. 

Joseph H. Fowler 

Donald R. Hiltz 

Kelly R. Konesky 

Gregory T. Lingard 

Hollis J. Martin 

Kevin C. Palmer 

Charles O. Rhodes 

Gordon G. Roth 

Daniel A. Sohn 

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for 2 years unless rescinded earlier by 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rescinded if: (1) The person fails to 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 2 years from its approval date and 

may be renewed upon application for 

additional 2-year periods. In accordance 

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

of the 13 applicants has satisfied the 

entry conditions for obtaining an 

exemption from the vision requirements 

(65 FR 33406; 65 FR 57234; 67 FR 

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

33997; 69 FR 61292; 71 FR 55820; 71 FR 

5105; 71 FR 19600; 71 FR 32183; 71 FR 

41310). Each of these 13 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 2 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 2 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 9, 

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 13 

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: September 3, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20891 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–EX–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) has 

received a request for temporary 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, and the nature of 

the relief being requested. 

Alaska Railroad Corporation 

[Waiver Petition Docket Number FRA–2006–

26029] 

In September 2006, the Alaska 

Railroad Corporation (ARRC) submitted 

a temporary waiver petition to support 

field testing of its processor-based train 

control system, identified as Collision 

Avoidance System (CAS), pursuant to 

49 CFR 211.7 and 211.51. The 

regulatory relief sought by ARRC was 

for development testing and 

demonstration purposes only. This 

waiver request was conditionally 

approved by FRA on February 22, 2007. 

All information submitted in 

conjunction with ARRC’s previous 

waiver petition can be found in Docket 

Number FRA–2006–26029. 


jlentini on PROD1PC65 with NOTICES
52458 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 

ARRC has now submitted a new 

waiver petition requesting modification 

to the previously approved regulatory 

relief. In the petition, ARRC specifically 

seeks relief from the following 

regulations: 

1. Regulatory relief from 49 CFR 

236.514 (Interconnection of cab signal 

system with roadway signal system); 

and 

2. Modification to the previously 

approved regulatory relief from 49 CFR 

236.11 (Adjustment, repair, or 

replacement of component) to 

specifically exempt the wayside 

interface that was installed to support 

CAS. 

Interested parties are invited to 

provide written views, data, or 

comments pertinent to FRA’s 

consideration of the ARRC’s request for 

waiver of compliance. All 

communications concerning this 

petition should identify the appropriate 

docket number (Docket Number FRA–

2006–26029) and may be submitted by 

one of the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 30 

days of the date of this notice will be 

considered by FRA prior to final action 

being taken. Comments received after 

this period will be considered to the 

extent practicable. All written 

communications concerning these 

proceedings are available for 

examination during regular business 

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

Management Facility, 1200 New Jersey 

Avenue, SE., Room W12–140, in 

Washington, DC. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by 

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 the 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 September 3, 

2008. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E8–20855 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–06–P 


jlentini on PROD1PC65 with NOTICES