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26602 Federal Register / Vol. 71, No.

87 / Friday, May 5, 2006 / Notices

Richard J. Cummings 37907; 67 FR 10471; 67 FR 19798; 67 FR compromised or if continuation of the


Michael D. DeBerry 15662; 68 FR 74699; 69 FR 10503). Each exemption would not be consistent with
Donald D. Dunphy of these 23 applicants has requested the goals and objectives of 49 U.S.C.
James W. Ellis, IV timely renewal of the exemption and 31136(e) and 31315, FMCSA will take
John E. Engstad has submitted evidence showing that immediate steps to revoke the
David W. Grooms the vision in the better eye continues to exemption of a driver.
Walter D. Hague, Jr. meet the standard specified at 49 CFR
David A. Inman Issued on: April 28, 2006.
391.41(b)(10) and that the vision Rose A. McMurray,
Alfred G. Jeffus impairment is stable. In addition, a
Harry L. Jones Associate Administrator, Policy and Program
review of each record of safety while Development.
Teddie W. King driving with the respective vision
Lawrence C. Moody deficiencies over the past two years [FR Doc. E6–6786 Filed 5–4–06; 8:45 am]
Stanley W. Nunn BILLING CODE 4910–EX–P
indicates each applicant continues to
William R. Proffitt
meet the vision exemption standards.
Charles L. Schnell
Andrew W. Schollett These factors provide an adequate basis
DEPARTMENT OF TRANSPORTATION
Bobby C. Spencer for predicting each driver’s ability to
Sammy D. Steinsultz continue to drive safely in interstate Federal Railroad Administration
Kevin R. Stoner commerce. Therefore, FMCSA
concludes that extending the exemption Petition for Waiver of Compliance
These exemptions are extended
for each renewal applicant for a period
subject to the following conditions: (1) In accordance with part 211 of title 49
of two years is likely to achieve a level
That each individual have a physical of safety equal to that existing without Code of Federal Regulations (CFR),
examination every year (a) by an the exemption. notice is hereby given that the Federal
ophthalmologist or optometrist who Railroad Administration (FRA) received
attests that the vision in the better eye Request for Comments a request for a waiver of compliance
continues to meet the standard in 49 FMCSA will review comments with certain requirements of its safety
CFR 391.41(b)(10), and (b) by a medical received at any time concerning a standards. The individual petition is
examiner who attests that the individual particular driver’s safety record and described below, including the party
is otherwise physically qualified under determine if the continuation of the seeking relief, the regulatory provisions
49 CFR 391.41; (2) that each individual exemption is consistent with the involved, the nature of the relief being
provide a copy of the ophthalmologist’s requirements at 49 U.S.C. 31136(e) and requested, and the petitioner’s
or optometrist’s report to the medical 31315. However, FMCSA requests that arguments in favor of relief.
examiner at the time of the annual interested parties with specific data
medical examination; and (3) that each Golden Pacific Railroad, Inc.
concerning the safety records of these
individual provide a copy of the annual drivers submit comments by June 5, [Waiver Petition Docket Number FRA–2006–
medical certification to the employer for 2006. 23741]
retention in the driver’s qualification FMCSA believes that the The Golden Pacific Railroad, Inc.
file and retain a copy of the certification requirements for a renewal of an (GPRR), seeks a waiver of compliance
on his/her person while driving for exemption under 49 U.S.C. 31136(e) and from certain provisions of the Safety
presentation to a duly authorized 31315 can be satisfied by initially Glazing Standards, 49 CFR part 223, that
Federal, State, or local enforcement granting the renewal and then requires certified glazing, for six (6)
official. Each exemption will be valid requesting and evaluating, if needed, coaches. Specifically, these are coach
for two years unless rescinded earlier by subsequent comments submitted by numbers TPHX 800, TPHX 801, TPHX
FMCSA. The exemption will be interested parties. As indicated above, 813, TPHX 817, TPHX 821 and TPHX
rescinded if: (1) The person fails to the Agency previously published 835. The GPRR plans to use the subject
comply with the terms and conditions Notices of final disposition announcing cars in a local non commuter train
of the exemption; (2) the exemption has its decision to exempt these 23 service at speeds of less then 40 miles
resulted in a lower level of safety than individuals from the vision requirement per hour.
was maintained before it was granted; or in 49 CFR 391.41(b)(10). That final Interested parties are invited to
(3) continuation of the exemption would decision to grant the exemption to each participate in these proceedings by
not be consistent with the goals and of these individuals was based on the submitting written views, data, or
objectives of 49 U.S.C. 31315 and merits of each case and only after comments. FRA does not anticipate
31136(e). careful consideration of the comments scheduling a public hearing in
received to its Notices of applications. connection with these proceedings since
Basis for Renewing Exemptions Those Notices of applications stated in the facts do not appear to warrant a
Under 49 U.S.C. 31315(b)(1), an detail the qualifications, experience, hearing. If any interested party desires
exemption may be granted for no longer and medical condition of each applicant an opportunity for oral comment, they
than two years from its approval date for an exemption from the vision should notify FRA, in writing, before
and may be renewed upon application requirements. That information is the end of the comment period and
for additional two year periods. In available by consulting the above cited specify the basis for their request.
accordance with 49 U.S.C. 31136(e) and Federal Register publications. All communications concerning these
31315, each of the 23 applicants has Interested parties or organizations proceedings should identify the
satisfied the entry conditions for possessing information that would appropriate docket number (e.g., Waiver
obtaining an exemption from the vision otherwise show that any, or all of these Petition Docket Number 2006–23741)
cchase on PROD1PC60 with NOTICES

requirements (64 FR 40404; 64 FR drivers, are not currently achieving the and must be submitted to the Docket
66962; 67 FR 10475; 69 FR 26206; 64 FR statutory level of safety should Clerk, DOT Docket Management
54948; 65 FR 159; 69 FR 17267; 67 FR immediately notify FMCSA. The Facility, Room PL–401 (Plaza Level),
17102; 64 FR 68195; 65 FR 20251; 69 FR Agency will evaluate any evidence 400 7th Street, SW., Washington, DC
19611; 65 FR 20245; 67 FR 15662; 67 FR submitted and, if safety is being 20590. Communications received within

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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26603

45 days of the date of this notice will Union Pacific Railroad (UPRR). SRTD complaints from local residents about
be considered by FRA before final submits that this request is consistent the noise of these horns and ‘‘clatter’’
action is taken. Comments received after with the waiver process for Shared Use. gongs and would like to return to its
that date will be considered as far as See Statement of Agency Policy historical practice of using 75 dbA
practicable. All written communications Concerning Jurisdiction Over the Safety gongs. SRTD states that the 75 dbA gong
concerning these proceedings are of Railroad Passenger Operations and complies with all applicable sound level
available for examination during regular Waivers Related to Shared Use of the requirements of the California Public
business hours (9 a.m.–5 p.m.) at the Tracks of the General Railroad System Utilities Commission (CPUC) as set forth
above facility. All documents in the by Light Rail and Conventional in General Order 143–B. The proposed
public docket are also available for Equipment, 65 FR 42529 (July 10, 2000); 75 dbA gong sounding practice at
inspection and copying on the Internet see also Joint Statement of Agency shared highway-rail grade crossings has
at the docket facility’s Web site at Policy Concerning Shared Use of the been the standard operating practice
http://dms.dot.gov. Tracks of the General Railroad System from 1987 until June 2005, and in such
Anyone is able to search the by Conventional Railroads and Light time, has had only 20 reportable
electronic form of all comments Rail Transit Systems, 65 FR 42626 (July accidents or incidents. SRTD further
received into any of our dockets by the 10, 2000). states that light rail operations are
name of the individual submitting the The RT System operates on its own significantly different in character from
comment (or signing the comment, if tracks in certain rail corridors also used freight rail operations and the audible
submitted on behalf of an association, by UPRR for freight rail operations over warning procedures for the RT System’s
business, labor union, etc.). You may adjacent tracks. The RT System and the LRVs reflect those differences.
review DOT’s complete Privacy Act UPRR share 18 public highway-rail Accordingly, SRTD seeks a waiver of
Statement in the Federal Register grade crossings on the Placerville compliance with certain sections of CFR
published on April 11, 2000 (Volume Branch, a rail corridor owned by part 229.129 (minimum horn decibel
65, Number 70; Pages 19477–78). The Sacramento-Placerville Transportation requirements) and CFR part 222.21
Statement may also be found at http:// Corridor Joint Powers Authority (SPTC– regarding start time, pattern, and
dms.dot.gov. JPA) that extends between milepost duration requirements. (Section
Issued in Washington, DC on May 1, 2006.
(MP) 97.0 and MP 110. The RT System 229.129(d) clearly excepts locomotives
and UPRR also share 11 public of rapid transit operations,
Grady C. Cothen, Jr.,
highway-rail grade crossings on the notwithstanding preamble discussion in
Deputy Associate Administrator for Safety UPRR mainline between approximately
Standards and Program Development. the final rule to the contrary;
MP 131 and MP 137.9. accordingly this portion of the request
[FR Doc. E6–6785 Filed 5–4–06; 8:45 am] SRTD states that since it began light for relief will be dismissed and
BILLING CODE 4910–06–P rail service in 1987, the RT System
comment is not requested on this aspect
utilized a 75 dbA gong on its vehicles
of the request for relief.)
to sound an audible warning at
DEPARTMENT OF TRANSPORTATION highway-rail grade crossings. On June Interested parties are invited to
24, 2005, the RT System began using a participate in these proceedings by
Federal Railroad Administration submitting written views, data, or
95–100 dbA vehicle horn instead of the
75 dbA gong. In March, 2006, SRTD comments. FRA does not anticipate
Petition for Waiver of Compliance scheduling a public hearing in
finished installing new 75dbA ‘‘clatter’’
In accordance with part 211 of Title gongs in its vehicle fleet, which are connection with these proceedings since
49 Code of Federal Regulations (CFR), being sounded at highway-rail grade the facts do not appear to warrant a
notice is hereby given that the Federal crossings in place of the 95–100 dbA hearing. If any interested party desires
Railroad Administration (FRA) received horn. an opportunity for oral comment, they
a request for a waiver of compliance On April 27, 2005, the FRA issued the should notify FRA, in writing, before
with certain requirements of its safety Final Rule on Use of Locomotive Horns the end of the comment period and
standards. The individual petition is at Highway-Rail Grade Crossings, 69 FR specify the basis for their request.
described below, including the party 21844 (2005), with an effective date on All communication concerning these
seeking relief, the regulatory provisions June 24, 2005. SRTD is working with the proceedings should identify the
involved, the nature of the relief being City of Rancho Cordova and the County appropriate docket number (e.g., Waiver
requested, and the petitioner’s of Sacramento to evaluate the feasibility Petition Docket Number FRA–2006–
arguments in favor of relief. of establishing Quiet Zones along 24216) and must be submitted to the
portions of the RT System, but is Docket Clerk, DOT Docket Management
Sacramento Regional Transit District
concerned about the anticipated costs of Facility, Room PL–401 (Plaza Level),
[Petition Docket Number FRA–2006–24216] implementing such Zones. With the 400 7th Street, SW., Washington, DC
As a supplement to Sacramento exception of the Quiet Zone established 20590. Communications received within
Regional Transit District’s (SRTD) by the City of Sacramento between C 30 days of the date of this notice will
Petition for Approval of Shared Use street downtown and Meadowview be considered by FRA before final
(Shared Corridor) and waiver of Certain Road between 7AM and 6AM action is taken. Comments received after
FRA Regulations (the original shared (previously filed as a Pre-Rule Partial that date will be considered as far as
corridor waiver was granted by the FRA Quiet Zone Notice), RT System LRVs practicable. All written communications
Railroad Safety Board on September 1, along all shared public highway-rail concerning these proceedings are
2003), SRTD seeks a permanent waiver grade crossings with the UPRR are available for examination during regular
of compliance from additional sections sounding either a 95–100 dbA horn or business hours (9 a.m.–5 p.m.) at the
cchase on PROD1PC60 with NOTICES

of Title 49 of the CFR for continued safe 75 dbA ‘‘clatter’’ gong that complies above facility. All documents in the
operation of its 18.3-mile Light Rail with the Final Horn Rule sound pattern public docket are also available for
Transit (RT System) everywhere it requirements of CFR part 222. Because inspection and copying on the Internet
shares a corridor and corresponding the RT System is running through at the docket facility’s Web site at http://
highway-rail grade crossings with the residential areas, SRTD is receiving dms.dot.gov.

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