Petition for Waiver of Compliance, 18728-18729 [E7-7068]

Download as PDF 18728 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices Qualifications Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, 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 Document Management System (DMS) at https://dmses.dot.gov. pwalker on PROD1PC71 with NOTICES Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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 periods ended on March 16, and March 22, 2007. Discussion of Comments FMCSA received two comments in these proceedings. The comments were considered and discussed below. Ms. Sachau believes that the approval or renewal of vision exemptions does not take into account the issue of safety on the road and granting exemptions only makes the roads much more dangerous. A review of each record for safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. To evaluate the effect of these exemptions on safety, FMCSA considered not only the medical reports about the applicants’ vision, but also their driving records and experience with the vision deficiency. To qualify for an exemption from the vision standard, FMCSA requires a person to present verifiable evidence that he or she has driven a commercial vehicle safely with the vision deficiency for 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at docket number FMCSA–98– 3637. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA’s policy to grant exemptions VerDate Aug<31>2005 17:52 Apr 12, 2007 Jkt 211001 from the FMCSR, including the driver qualification standards. Specifically, Advocates: (1) Objects to the manner in which FMCSA presents driver information to the public and makes safety determinations; (2) objects to the Agency’s reliance on conclusions drawn from the vision waiver program; (3) claims the Agency has misinterpreted statutory language on the granting of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests that a 1999 Supreme Court decision affects the legal validity of vision exemptions. The issues raised by Advocates were addressed at length in 64 FR 51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 (September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not address these points again here, but refer interested parties to those earlier discussions. DEPARTMENT OF TRANSPORTATION Conclusion [Waiver Docket Number FRA–2007–27600] 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 28 renewal applications, FMCSA renews the Federal vision exemptions for Henry Ammons, Jr., Michael D. Archibald, Robert D. Bonner, Howard K. Bradley, Kirk G. Braegger, Ambroiso E. Calles, David S. Carman, Jose G. Cruz, Everett A. Doty, Cedric E. Foster, Glen T. Garrabrant, Donald J. Goretski, Harry P. Henning, Christopher L. Humphries, Alan L. Johnston, Ralph J. Miles, Dennis I. Nelson, William R. New, Rance A. Powell, Shannon E. Rasmussen, James R. Rieck, Thomas C. Rylee, Stanley B. Salkowski, III., Garfield A. Smith, Michael G. Thomas, William H. Twardus, Henry L. Walker, and Ronald Watt. 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: April 6, 2007. Larry W. Minor, Acting, Associate Administrator, Policy and Program Development. [FR Doc. E7–6999 Filed 4–12–07; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Federal Railroad Administration Notice of Petitions for Approval; Railroad Safety Program Plans Although not required, the Federal Railroad Administration (FRA) is providing notice that it has received petitions for approval of two Railroad Safety Program Plans (RSPP) submitted pursuant to 49 Code of Federal Regulations (CFR) part 236, subpart H. The individual petitions are described below, including the party seeking approval and the requisite docket numbers where the petitions and any related information may be found. These documents are available for public inspection; however, FRA is not accepting public comment on the documents as this notice is provided for information only. Alaska Railroad Corporation (ARRC) ARRC submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. Norfolk Southern Corporation (NS) [Waiver Docket Number FRA–2006–26260] NS submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://dms.dot.gov. 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). The Statement may also be found at https://dms.dot.gov. Issued in Washington, DC on April 9, 2007. Grady C. Cothen Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–7069 Filed 4–12–07; 8:45 am] BILLING CODE 4910–06–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) received a request for a waiver of compliance with certain requirements of its safety E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Canadian National Railway Company pwalker on PROD1PC71 with NOTICES [Waiver Petition Docket Number FRA–2007– 27410] The Canadian National Railway Company (CN), on behalf of its wholly owned subsidiaries, Illinois Central Railroad Company, Wisconsin Central, Grand Trunk and Western Railroad Company, Chicago Central & Pacific Railroad Company, Duluth, Winnipeg & Pacific Railroad Company, Bessemer & Lake Erie Railroad Company, and the Duluth Missabe & Iron Range Railroad Company, seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.25(b), as it pertains to the 92-day periodic requirement to inspect electrical devices and visible insulation. CN requests to remove DC traction motor covers and inspect the interior of the motor during the second and fourth periodic inspection. According to the petitioner, CN requires all traction motor brushes be replaced during the locomotive’s annual inspection. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (FRA–2007– 27410) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s 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 VerDate Aug<31>2005 17:52 Apr 12, 2007 Jkt 211001 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). The Statement may also be found at https:// dms.dot.gov. Issued in Washington, DC on April 9, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–7068 Filed 4–12–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2007–27556] 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) received a request for a 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, the nature of the relief being requested, and the petitioner’s arguments in favour of relief. SMS Lines [Docket Number FRA–2007–27556] The SMS Lines, a Class III railroad, seeks a waiver of compliance from the requirements of Title 49 CFR 223.11. SMS has operated within the Pureland Industrial Park in Bridgeport, Gloucester County, New Jersey since June, 1994. The petitioner proposes to use Locomotive Number 412, on a limited basis only at this location for yard and local switching service. Locomotive Number 412, model VO– 1000, was built by the Baldwin Locomotive Works (BLW) in 1945, and is owned by the United Railroad Historical Society (URHS), a non-profit organization. SMS is assisting the URHS in the restoration of this locomotive and upon completion, would operate it over approximately 5 miles of track with three grade crossings within the industrial park. The current operations average 1 train per day, 6 days per week, year-round throughout the park at restricted speed. All track is FRA Class I (10 mph). The petitioner believes that this locomotive can be safely operated throughout the industrial park with the current non-compliant safety-type PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 18729 glazing. The cost to the URHS for installation of all new window frames and compliant FRA Types I & II glazing is significant with only a marginal increase in safety due to the low speed. Historically, there has been no vandalism of railroad glazing within the Pureland Industrial Park, and there are no overhead bridges nor tunnels. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2007– 27556) and must be submitted in triplicate to the Docket Clerk, DOT Central Docket Management Facility, Room Pl–401, Washington, DC 20590– 0001. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at DOT Central Docket Management Facility, Room Pl–401 (Plaza Level), 400 Seventh Street, SW., Washington, DC. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s 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 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 19377–78). The statement may also be found at https:// dms.dot.gov. Issued in Washington, DC, on April 9, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–7079 Filed 4–12–07; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Pages 18728-18729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7068]


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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) received a request for a waiver of compliance with certain 
requirements of its safety

[[Page 18729]]

standards. The individual petition is described below, including the 
party seeking relief, the regulatory provisions involved, the nature of 
the relief being requested, and the petitioner's arguments in favor of 
relief.

Canadian National Railway Company

[Waiver Petition Docket Number FRA-2007-27410]

    The Canadian National Railway Company (CN), on behalf of its wholly 
owned subsidiaries, Illinois Central Railroad Company, Wisconsin 
Central, Grand Trunk and Western Railroad Company, Chicago Central & 
Pacific Railroad Company, Duluth, Winnipeg & Pacific Railroad Company, 
Bessemer & Lake Erie Railroad Company, and the Duluth Missabe & Iron 
Range Railroad Company, seeks a waiver of compliance with the 
Locomotive Safety Standards, 49 CFR 229.25(b), as it pertains to the 
92-day periodic requirement to inspect electrical devices and visible 
insulation. CN requests to remove DC traction motor covers and inspect 
the interior of the motor during the second and fourth periodic 
inspection. According to the petitioner, CN requires all traction motor 
brushes be replaced during the locomotive's annual inspection.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (FRA-2007-27410) and must be submitted to the 
Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza 
Level), 400 7th Street, SW., Washington, DC 20590. Communications 
received within 45 days of the date of this notice will be considered 
by FRA before final action is taken. Comments received after that date 
will be considered as far as practicable. All written communications 
concerning these proceedings are available for examination during 
regular business hours (9 a.m.-5 p.m.) at the above facility. All 
documents in the public docket are also available for inspection and 
copying on the Internet at the docket facility's 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 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). The Statement 
may also be found at https://dms.dot.gov.

    Issued in Washington, DC on April 9, 2007.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-7068 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-06-P

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