Union Pacific Railroad Company; Notice of Public Hearing and Extension of Comment Period, 185-186 [E6-22443]

Download as PDF Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES Exemption Decision 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. This Notice addresses 8 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 8 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: David D. Bungori, Jr., David R. Cox, Timothy A. DeFrange, Robert T. Hill, Francisco J. Jimenez, Robert B. Schmitt, Rick N. Ulrich, Larry D. Wedekind. 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 VerDate Aug<31>2005 19:02 Dec 29, 2006 Jkt 211001 185 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. 31315, each of the 8 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 45817; 65 FR 77066; 67 FR 71610; 69 FR 64810; 69 FR 33997; 69 FR 61292; 69 FR 53493; 69 FR 62742). Each of these 8 applicants has requested timely 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. Issued on: December 20, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–22505 Filed 12–29–06; 8:45 am] 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 February 1, 2007. 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 8 individuals from the vision requirement in 49 CFR 391.41(b)(10). That final decision to grant the 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. Those 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 On November 28, 2006, the Federal Railroad Administration (FRA) published a notice in the Federal Register announcing the Union Pacific Railroad Company’s (UP) request for a waiver of compliance from certain provisions of Title 49 Code of Federal Regulations (CFR) Part 232, Brake and System Safety Standards for Freight and Other Non-passenger Trains and Equipment; 49 CFR part 215, End of Train Devices; 49 CFR 229, Freight Car Safety Standards; and 71 FR 68885, Locomotive Safety Standards. Specifically, UP requests that the following regulations be waived to allow inspections and tests to be performed on run-through trains originating in Mexico and subsequently interchanged to UP at Laredo, Texas, from the Kansas City Southern de Mexico Railroad (KCSM) and be considered valid without having to perform additional train or locomotive inspections by UP on the U.S. side of the border: 49 CFR 232.205, Class I brake test-initial terminal inspection; 49 CFR 232.409, Inspection and testing of end-of-train devices; 49 CFR 215.13, Pre-departure inspection; and 49 CFR 229.21, Daily inspection. FRA received several comments from interested parties and requests for a public hearing and an extension of the public comment period. With this notice, FRA is granting both of these requests. Accordingly, a public hearing is hereby scheduled to begin at 9 a.m. on February 7, 2007, at La Posada Hotel and Suites, 1000 Zaragoza Street, in PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2006–25765] Union Pacific Railroad Company; Notice of Public Hearing and Extension of Comment Period E:\FR\FM\03JAN1.SGM 03JAN1 186 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices Laredo, Texas. Interested parties are invited to present oral statements at the hearing. The hearing will be informal and will be conducted in accordance with FRA’s Rules of Practice (49 CFR 211.25) by a representative designated by FRA. FRA’s representative will make an opening statement outlining the scope of the hearing, as well as any additional procedures for the conduct of the hearing. The hearing will be a nonadversarial proceeding in which all interested parties will be given the opportunity to express their views regarding the waiver petition, without cross-examination. After all initial statements have been completed, individuals wishing to make a brief rebuttal statement will be given an opportunity to do so in the same order in which the initial statements were made. In addition, FRA is hereby extending the comment period to February 21, 2007. All communications concerning this waiver petition should identify the appropriate docket number (FRA–2006– 25765) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. Documents in the public docket are also available for review and copying on the Internet at the docket facility Web site at https://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 document, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT 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 https://dms.dot.gov. Issued in Washington, DC on December 26, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–22443 Filed 12–29–06; 8:45 am] rwilkins on PROD1PC63 with NOTICES BILLING CODE 4910–06–P VerDate Aug<31>2005 19:02 Dec 29, 2006 Jkt 211001 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2006–26740] Information Collection Available for Public Comments and Recommendations Notice and request for comments. ACTION: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration’s (MARAD’s) intention to request extension of approval for three years of a currently approved information collection. DATES: Comments should be submitted on or before March 5, 2007. FOR FURTHER INFORMATION CONTACT: Thomas M.P. Christensen, Office of National Security Plans, Maritime Administration, 400 Seventh St., SW., Washington, DC 20590. Telephone: 202–366–5900; FAX 202–488–0941 or e–mail: tom.christensen@dot.gov. Copies of this collection can also be obtained from that office. SUPPLEMENTARY INFORMATION: Title of Collection: Voluntary Tanker Agreement. Type of Request: Extension of currently approved information collection. OMB Control Number: 2133–0505. Form Numbers: None. Expiration Date of Approval: Three years after date of approval by the Office of Management and Budget. Summary of Collection of Information: The collection consists of a request from the Maritime Administration (MARAD) that each participant in the Voluntary Tanker Agreement submit a list of the names of ships owned, chartered or contracted for by the participant, and their size and flags of registry. There is no prescribed format for this information. Need and Use of the Information: The collected information is necessary to evaluate tanker capability and make plans for the use of this capability to meet national emergency requirements. This information will be used by both MARAD and Department of Defense to establish overall contingency plans. Description of Respondents: Tanker companies that operate in international trade and who have agreed to participate in this agreement. Annual Responses: 15. Annual Burden: One hour per response. Comments: Comments should refer to the docket number that appears at the PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. Comments may also be submitted by electronic means via the Internet at https://www.dmses.dot.gov/ submit. Specifically address whether this information collection is necessary for proper performance of the functions of the agency and will have practical utility, accuracy of the burden estimates, ways to minimize this burden, and ways to enhance the quality, utility, and clarity of the information to be collected. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m. EDT, Monday through Friday, except Federal Holidays. An electronic version of this document is available on the World Wide Web at https://www.dms.dot.gov. Privacy Act 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) or you may visit https://www.dms.dot.gov. (Authority: 49 CFR 1.66) Dated: December 27, 2006. By Order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–22486 Filed 12–29–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard; DaimlerChrysler National Highway traffic Safety Administration (NHTSA), Department of Transportation (DOT) ACTION: Grant of petition for exemption. AGENCY: SUMMARY: This document grants in full the DaimlerChrysler Corporation’s (DaimlerChrysler) petition for exemption of the Dodge Magnum vehicle line in accordance with 49 CFR Part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Notices]
[Pages 185-186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22443]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-25765]


Union Pacific Railroad Company; Notice of Public Hearing and 
Extension of Comment Period

    On November 28, 2006, the Federal Railroad Administration (FRA) 
published a notice in the Federal Register announcing the Union Pacific 
Railroad Company's (UP) request for a waiver of compliance from certain 
provisions of Title 49 Code of Federal Regulations (CFR) Part 232, 
Brake and System Safety Standards for Freight and Other Non-passenger 
Trains and Equipment; 49 CFR part 215, End of Train Devices; 49 CFR 
229, Freight Car Safety Standards; and 71 FR 68885, Locomotive Safety 
Standards. Specifically, UP requests that the following regulations be 
waived to allow inspections and tests to be performed on run-through 
trains originating in Mexico and subsequently interchanged to UP at 
Laredo, Texas, from the Kansas City Southern de Mexico Railroad (KCSM) 
and be considered valid without having to perform additional train or 
locomotive inspections by UP on the U.S. side of the border: 49 CFR 
232.205, Class I brake test-initial terminal inspection; 49 CFR 
232.409, Inspection and testing of end-of-train devices; 49 CFR 215.13, 
Pre-departure inspection; and 49 CFR 229.21, Daily inspection.
    FRA received several comments from interested parties and requests 
for a public hearing and an extension of the public comment period. 
With this notice, FRA is granting both of these requests.
    Accordingly, a public hearing is hereby scheduled to begin at 9 
a.m. on February 7, 2007, at La Posada Hotel and Suites, 1000 Zaragoza 
Street, in

[[Page 186]]

Laredo, Texas. Interested parties are invited to present oral 
statements at the hearing. The hearing will be informal and will be 
conducted in accordance with FRA's Rules of Practice (49 CFR 211.25) by 
a representative designated by FRA. FRA's representative will make an 
opening statement outlining the scope of the hearing, as well as any 
additional procedures for the conduct of the hearing. The hearing will 
be a nonadversarial proceeding in which all interested parties will be 
given the opportunity to express their views regarding the waiver 
petition, without cross-examination. After all initial statements have 
been completed, individuals wishing to make a brief rebuttal statement 
will be given an opportunity to do so in the same order in which the 
initial statements were made.
    In addition, FRA is hereby extending the comment period to February 
21, 2007. All communications concerning this waiver petition should 
identify the appropriate docket number (FRA-2006-25765) and must be 
submitted to the Docket Clerk, DOT Docket Management Facility, Room PL-
401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. Documents in the public docket are also available for review 
and copying on the Internet at the docket facility Web site at https://
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 document, if submitted on behalf 
of an association, business, labor union, etc.). You may review the DOT 
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 https://dms.dot.gov.

    Issued in Washington, DC on December 26, 2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E6-22443 Filed 12-29-06; 8:45 am]
BILLING CODE 4910-06-P

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