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18728 Federal Register / Vol. 72, No.

71 / Friday, April 13, 2007 / Notices

Qualifications Division, (202) 366–4001, from the FMCSR, including the driver DEPARTMENT OF TRANSPORTATION
fmcsamedical@dot.gov, FMCSA, qualification standards. Specifically,
Department of Transportation, 400 Advocates: (1) Objects to the manner in Federal Railroad Administration
Seventh Street, SW., Room 8301, which FMCSA presents driver
Washington, DC 20590–0001. Office information to the public and makes Notice of Petitions for Approval;
hours are from 8:30 a.m. to 5 p.m., safety determinations; (2) objects to the Railroad Safety Program Plans
Monday through Friday, except Federal Agency’s reliance on conclusions drawn Although not required, the Federal
holidays. from the vision waiver program; (3) Railroad Administration (FRA) is
SUPPLEMENTARY INFORMATION: claims the Agency has misinterpreted providing notice that it has received
Electronic Access statutory language on the granting of petitions for approval of two Railroad
exemptions (49 U.S.C. 31136(e) and Safety Program Plans (RSPP) submitted
You may see all the comments online 31315); and finally (4) suggests that a pursuant to 49 Code of Federal
through the Document Management 1999 Supreme Court decision affects the Regulations (CFR) part 236, subpart H.
System (DMS) at http://dmses.dot.gov. legal validity of vision exemptions. The individual petitions are described
Background The issues raised by Advocates were below, including the party seeking
addressed at length in 64 FR 51568 approval and the requisite docket
Under 49 U.S.C. 31136(e) and 31315, numbers where the petitions and any
FMCSA may grant an exemption for a 2- (September 23, 1999), 64 FR 66962
(November 30, 1999), 64 FR 69586 related information may be found.
year period if it finds ‘‘such exemption These documents are available for
would likely achieve a level of safety (December 13, 1999), 65 FR 159 (January
public inspection; however, FRA is not
that is equivalent to, or greater than, the 3, 2000), 65 FR 57230 (September 21,
accepting public comment on the
level that would be achieved absent 2000), and 66 FR 13825 (March 7, 2001).
documents as this notice is provided for
such exemption.’’ The statute also We will not address these points again
information only.
allows the Agency to renew exemptions here, but refer interested parties to those
at the end of the 2-year period. The earlier discussions. Alaska Railroad Corporation (ARRC)
comment periods ended on March 16, [Waiver Docket Number FRA–2007–27600]
Conclusion
and March 22, 2007. ARRC submitted a petition for
Discussion of Comments The Agency has not received any approval of an RSPP. The petition, the
adverse evidence on any of these drivers RSPP, and any related documents have
FMCSA received two comments in that indicates that safety is being been placed in the requisite docket and
these proceedings. The comments were compromised. Based upon its are available for public inspection.
considered and discussed below. evaluation of the 28 renewal
Ms. Sachau believes that the approval Norfolk Southern Corporation (NS)
applications, FMCSA renews the
or renewal of vision exemptions does
Federal vision exemptions for Henry [Waiver Docket Number FRA–2006–26260]
not take into account the issue of safety
Ammons, Jr., Michael D. Archibald, NS submitted a petition for approval
on the road and granting exemptions
only makes the roads much more Robert D. Bonner, Howard K. Bradley, of an RSPP. The petition, the RSPP, and
dangerous. Kirk G. Braegger, Ambroiso E. Calles, any related documents have been placed
A review of each record for safety David S. Carman, Jose G. Cruz, Everett in the requisite docket and are available
while driving with the respective vision A. Doty, Cedric E. Foster, Glen T. for public inspection.
deficiencies over the past two years Garrabrant, Donald J. Goretski, Harry P. All documents in the public docket
indicates each applicant continues to Henning, Christopher L. Humphries, are also available for inspection and
meet the vision exemption standards. Alan L. Johnston, Ralph J. Miles, Dennis copying on the Internet at the docket
To evaluate the effect of these I. Nelson, William R. New, Rance A. facility’s Web site at http://dms.dot.gov.
Powell, Shannon E. Rasmussen, James You may review DOT’s complete
exemptions on safety, FMCSA
R. Rieck, Thomas C. Rylee, Stanley B. Privacy Act Statement in the Federal
considered not only the medical reports
Salkowski, III., Garfield A. Smith, Register published on April 11, 2000
about the applicants’ vision, but also
Michael G. Thomas, William H. (Volume 65, Number 70; Pages 19477–
their driving records and experience
Twardus, Henry L. Walker, and Ronald 78). The Statement may also be found at
with the vision deficiency. To qualify
Watt. http://dms.dot.gov.
for an exemption from the vision
standard, FMCSA requires a person to In accordance with 49 U.S.C. 31136(e) Issued in Washington, DC on April 9, 2007.
present verifiable evidence that he or and 31315, each renewal exemption will Grady C. Cothen Jr.,
she has driven a commercial vehicle be valid for 2 years unless revoked Deputy Associate Administrator for Safety
safely with the vision deficiency for 3 earlier by FMCSA. The exemption will Standards and Program Development.
years. Recent driving performance is be revoked if: (1) The person fails to [FR Doc. E7–7069 Filed 4–12–07; 8:45 am]
especially important in evaluating comply with the terms and conditions BILLING CODE 4910–06–P
future safety, according to several of the exemption; (2) the exemption has
research studies designed to correlate resulted in a lower level of safety than
past and future driving performance. was maintained before it was granted; or DEPARTMENT OF TRANSPORTATION
Results of these studies support the (3) continuation of the exemption would
principle that the best predictor of not be consistent with the goals and Federal Railroad Administration
future performance by a driver is his/her objectives of 49 U.S.C. 31136 and 31315. Petition for Waiver of Compliance
past record of crashes and traffic Issued on: April 6, 2007.
violations. Copies of the studies may be In accordance with Part 211 of Title
pwalker on PROD1PC71 with NOTICES

Larry W. Minor, 49 Code of Federal Regulations (CFR),


found at docket number FMCSA–98–
3637. Acting, Associate Administrator, Policy and notice is hereby given that the Federal
Advocates for Highway and Auto Program Development. Railroad Administration (FRA) received
Safety (Advocates) expressed opposition [FR Doc. E7–6999 Filed 4–12–07; 8:45 am] a request for a waiver of compliance
to FMCSA’s policy to grant exemptions BILLING CODE 4910–EX–P with certain requirements of its safety

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