Establishment of a Temporary Emergency Relief Docket and Procedures for Handling Petitions for Emergency Waiver Relief From the Federal Regulations, 53413-53414 [05-17840]
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
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. 31315 and
31136(e), each of the 20 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR
16517; 66 FR 41656; 68 FR 54775; 64 FR
27027; 64 FR 51568; 66 FR 48504; 64 FR
68195; 65 FR 20251; 65 FR 45817; 65 FR
77066; 65 FR 78256; 66 FR 16311; 68 FR
13360; 66 FR 17743; 66 FR 33990; 68 FR
35772; 66 FR 30502; 66 FR 41654; 68 FR
19598; 68 FR 33570). Each of these 20
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, the 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.
Comments
The 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. 31315 and
31136(e). However, the FMCSA requests
that interested parties with specific data
concerning the safety records of these
drivers submit comments by October 11,
2005.
In the past the FMCSA has received
comments from Advocates for Highway
and Auto Safety (Advocates) expressing
continued opposition to the FMCSA’s
procedures for renewing exemptions
from the vision requirement in 49 CFR
391.41(b)(10). Specifically, Advocates
objects to the agency’s extension of the
exemptions without any opportunity for
public comment prior to the decision to
renew, and reliance on a summary
statement of evidence to make its
decision to extend the exemption of
each driver.
The issues raised by Advocates were
addressed at length in 69 FR 51346
VerDate Aug<18>2005
15:25 Sep 07, 2005
Jkt 205001
(August 18, 2004). The FMCSA
continues to find its exemption process
appropriate to the statutory and
regulatory requirements.
Issued on: August 31, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–17736 Filed 9–7–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2005–22365]
Establishment of a Temporary
Emergency Relief Docket and
Procedures for Handling Petitions for
Emergency Waiver Relief From the
Federal Regulations
Due to the catastrophic and
devastating damage inflicted on the
southern portion of the United States in
the aftermath of hurricane Katrina, the
Federal Railroad Administration (FRA)
is establishing a temporary means for
handling petitions for waiver from the
federal regulations that are directly
related to the effects of the hurricane or
are necessary to effectively address the
relief efforts being undertaken in the
area. FRA recognizes that these types of
petitions must be afforded special
consideration and must be handled
expeditiously in order to ensure that the
safety of the public and the safety of
those individuals and businesses
providing aid to the region are
immediately addressed. This document
is intended to provide all interested
parties notice of FRA’s intent to
establish a temporary Emergency Relief
Docket which will be used to provide
interested parties notice of the filing of
such petitions for waiver. This
document also contains the procedures
for submitting and responding to such
petitions for waiver as well as detailing
the procedure that FRA will temporarily
utilize to respond to these types of
requests.
For Futher Information Contact:
Grady C. Cothen, Jr., Deputy Associate
Administrator for Safety Standards and
Program Development, FRA, 1120
Vermont Avenue, NW., RRS–2, Mail
Stop 25, Washington, DC 20590
(Telephone 202–493–6302), or Thomas
Herrmann, Trial Attorney, Office of
Chief Counsel, FRA, 1120 Vermont
Avenue, NW., Mail Stop 10,
Washington, DC 20590 (Telephone 202–
493–6036).
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
53413
Background Information
On August 29, 2005, hurricane
Katrina hit the southern gulf region of
the United States. The aftermath of the
hurricane has revealed unprecedented
damage to property and a constantly
increasing loss of life. As the nation
turns toward the task of saving lives,
providing adequate living facilities for
displaced families, and rebuilding the
devastated areas, our nation’s railroads
will play a key role in these efforts by
providing necessary supplies and by
moving displaced families and relief
personnel to and from the area. In an
effort to ensure that this mission is
safely, effectively, and timely
performed, FRA believes it is necessary
to establish a method by which FRA can
quickly and efficiently handle requests
for relief from the Federal regulatory
requirements that are directly related to
the effects of hurricane Katrina or that
will impact the relief effort being
undertaken in that segment of the
United States.
FRA’s existing procedures related to
the handling of petitions for waiver
from the Federal safety regulations
contained in 49 CFR part 211, do not
lend themselves to quick and immediate
decisions by the agency, nor were they
intended to. The existing procedures
establish a process whereby FRA
publishes a notice of any petition for
waiver in the Federal Register. This
notice then allows interested parties a
period of time in which to comment on
any such petition, generally thirty (30)
days, and provides for a public hearing
should one be requested. This process
generally takes several months to
accomplish. As noted above, this
process would not be appropriate for
handling petitions for waivers directly
related to addressing the effects of
hurricane Katrina, the outcome of which
could have a serious impact on the
health and safety of those members of
the public directly affected by the
hurricane as well as those individuals
aiding the relief efforts. Thus, FRA is
instituting temporary procedures for
handling petitions for waivers that are
directly related to the effects and
aftermath of hurricane Katrina. FRA
believes these temporary emergency
procedures will provide the agency with
the ability to promptly and effectively
address waiver requests directly related
to the hurricane while ensuring that the
public and all interested parties are
afforded proper notice of any such
request and are provided a sufficient
opportunity to comment on any such
request.
E:\FR\FM\08SEN1.SGM
08SEN1
53414
Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
Procedures
1. These emergency procedures will
only be in effect for a period not to
exceed nine (9) months from the date of
publication of this document, unless
later extended.
2. The procedures will only be used
to address petitions for waivers that
FRA determines are directly related to
hurricane Katrina. Petitions submitted
to FRA should specifically address how
the petition is related to the aftermath
of the hurricane or related relief efforts.
3. Any relief granted through these
emergency procedures will only be
effective for the nine (9) month period
that these emergency procedures remain
in place.
4. FRA has created the Emergency
Relief Docket FRA–2005–22365 in the
publicly accessible Department of
Transportation (DOT) Document
Management System (DMS). The docket
can be accessed 24 hours a day, seven
days a week, via the Internet at the
docket facility’s Web site at https://
dms.dot.gov. All documents in this
docket are available for inspection and
copying on the Web site or are available
for examination at the DOT Docket
Management Facility, Room PL–401
(Plaza Level), 400 7th Street, SW.,
Washington, DC 20590 during regular
business hours (9 a.m.–5 p.m.). The
DMS internet site also allows any
interested party to subscribe, without
fee, to its list serve application which
will automatically notify the party via
e-mail when documents are added to
the Emergency Relief Docket (FRA–
2005–22365).
5. Upon receipt and initial review of
a petition for waiver, to verify that it
meets the criteria for use of these
emergency procedures, FRA will add
the petition to the Emergency Relief
Docket (FRA–2005–22365). (If FRA
determines that a petition meets the
criteria for use of the emergency
procedures it will so notify the
petitioning party). The DMS numbers
each document that is added to a
docket. For example, the first document
submitted to the docket will be
identified as FRA–2005–22365–1. Thus,
each petition submitted to the
Emergency Relief Docket will have a
unique document number which should
be identified on all communications
related to petitions contained in this
docket.
6. FRA will allow a 72-hour comment
period from the time the petition is
entered into and available on the DMS.
Any comment received after that period
will be considered to the extent
practicable.
VerDate Aug<18>2005
15:25 Sep 07, 2005
Jkt 205001
7. Interested parties will be given
multiple methods by which they may
submit views, data or comment. All
communications should identify the
appropriate docket (FRA–2005–22365)
and should identify the specific
document number, discussed above.
Interested parties may submit their
comments using any of the following
methods:
a. Direct e-mail to FRA at:
RRS.Correspondence@fra.dot.gov.
b. Direct fax to FRA at: 202–493–6309.
c. Submission of comments to the
Docket Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590.
Any comments or information sent
directly to FRA will be immediately
provided to the DOT DMS for inclusion
into the Emergency Relief Docket.
8. Parties interested in having a public
hearing on any petition must notify FRA
within 72 hours of the posting of the
petition in the Emergency Relief Docket.
If FRA receives a request for a public
hearing from any interested party, FRA
will immediately arrange for a
telephone conference between all
interested parties as soon as practicable.
Thus, interested party submitting
comments or information on any
petition for waiver should include
telephone numbers at which its
representatives may be contacted should
the need arise. After such conference,
should a party still request a public
hearing one will be arranged as soon as
practicable pursuant to the provisions
contained in 49 CFR part 211.
9. FRA may grant a petition for waiver
prior to conducting a public hearing if
such action is in the public interest and
consistent with safety or in situations
where a hearing request is received
subsequent to the 72-hour comment
period. In such an instance, FRA will
immediately notify the party requesting
the public hearing and will arrange to
conduct such hearing as soon as
practicable.
10. FRA reserves the right to reopen
any docket and reconsider any decision
made pursuant to these emergency
procedures based upon its own
initiative or based upon information or
comments received subsequent to the
72-hour comment period or at a later
scheduled public hearing.
11. All FRA decision letters, either
granting or denying a petition, will be
posted in the Emergency Relief Docket
(FRA–2005–22365) and will reference
the document number of the petition to
which it relates.
FRA wishes to inform all interested
parties that anyone is able to search the
electronic form of all comments
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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 September 1,
2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 05–17840 Filed 9–2–05; 3:10 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–55 (Sub-No. 656X)]
CSX Transportation, Inc.—
Abandonment Exemption—in Marion
County, WV
CSX Transportation, Inc. (CSXT) has
filed a notice of exemption under 49
CFR 1152 Subpart F—Exempt
Abandonments to abandon a 17.51-mile
line of its Southern Region, Huntington
Division East, Fairmont Subdivision,
between Barrackville, milepost BS
306.32, and Mannington, milepost BS
319.48, including the Dents Run Spur
between milepost BSB 0.00 and
milepost BSB 4.35, in Marion County,
WV.1 The line traverses United States
Postal Service Zip Codes 26528, 26587,
26571, 26554, and 26559.
CSXT has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) any overhead traffic on
the line can be rerouted over other lines;
(3) no formal complaint filed by a user
of rail service on the line (or by a State
or local government entity acting on
behalf of such user) regarding cessation
of service over the line either is pending
with the Surface Transportation Board
or with any U.S. District Court or has
been decided in favor of complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been meet.
1 CSXT received discontinuance authority over
the involved line segment in CSX Transportation,
Inc.—Discontinuance Exemption—in Marion
County, WV, Docket No. AB–55 (Sub–No. 376X)
(ICC served Apr. 4, 1991).
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53413-53414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17840]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2005-22365]
Establishment of a Temporary Emergency Relief Docket and
Procedures for Handling Petitions for Emergency Waiver Relief From the
Federal Regulations
Due to the catastrophic and devastating damage inflicted on the
southern portion of the United States in the aftermath of hurricane
Katrina, the Federal Railroad Administration (FRA) is establishing a
temporary means for handling petitions for waiver from the federal
regulations that are directly related to the effects of the hurricane
or are necessary to effectively address the relief efforts being
undertaken in the area. FRA recognizes that these types of petitions
must be afforded special consideration and must be handled
expeditiously in order to ensure that the safety of the public and the
safety of those individuals and businesses providing aid to the region
are immediately addressed. This document is intended to provide all
interested parties notice of FRA's intent to establish a temporary
Emergency Relief Docket which will be used to provide interested
parties notice of the filing of such petitions for waiver. This
document also contains the procedures for submitting and responding to
such petitions for waiver as well as detailing the procedure that FRA
will temporarily utilize to respond to these types of requests.
For Futher Information Contact: Grady C. Cothen, Jr., Deputy
Associate Administrator for Safety Standards and Program Development,
FRA, 1120 Vermont Avenue, NW., RRS-2, Mail Stop 25, Washington, DC
20590 (Telephone 202-493-6302), or Thomas Herrmann, Trial Attorney,
Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Mail Stop 10,
Washington, DC 20590 (Telephone 202-493-6036).
Background Information
On August 29, 2005, hurricane Katrina hit the southern gulf region
of the United States. The aftermath of the hurricane has revealed
unprecedented damage to property and a constantly increasing loss of
life. As the nation turns toward the task of saving lives, providing
adequate living facilities for displaced families, and rebuilding the
devastated areas, our nation's railroads will play a key role in these
efforts by providing necessary supplies and by moving displaced
families and relief personnel to and from the area. In an effort to
ensure that this mission is safely, effectively, and timely performed,
FRA believes it is necessary to establish a method by which FRA can
quickly and efficiently handle requests for relief from the Federal
regulatory requirements that are directly related to the effects of
hurricane Katrina or that will impact the relief effort being
undertaken in that segment of the United States.
FRA's existing procedures related to the handling of petitions for
waiver from the Federal safety regulations contained in 49 CFR part
211, do not lend themselves to quick and immediate decisions by the
agency, nor were they intended to. The existing procedures establish a
process whereby FRA publishes a notice of any petition for waiver in
the Federal Register. This notice then allows interested parties a
period of time in which to comment on any such petition, generally
thirty (30) days, and provides for a public hearing should one be
requested. This process generally takes several months to accomplish.
As noted above, this process would not be appropriate for handling
petitions for waivers directly related to addressing the effects of
hurricane Katrina, the outcome of which could have a serious impact on
the health and safety of those members of the public directly affected
by the hurricane as well as those individuals aiding the relief
efforts. Thus, FRA is instituting temporary procedures for handling
petitions for waivers that are directly related to the effects and
aftermath of hurricane Katrina. FRA believes these temporary emergency
procedures will provide the agency with the ability to promptly and
effectively address waiver requests directly related to the hurricane
while ensuring that the public and all interested parties are afforded
proper notice of any such request and are provided a sufficient
opportunity to comment on any such request.
[[Page 53414]]
Procedures
1. These emergency procedures will only be in effect for a period
not to exceed nine (9) months from the date of publication of this
document, unless later extended.
2. The procedures will only be used to address petitions for
waivers that FRA determines are directly related to hurricane Katrina.
Petitions submitted to FRA should specifically address how the petition
is related to the aftermath of the hurricane or related relief efforts.
3. Any relief granted through these emergency procedures will only
be effective for the nine (9) month period that these emergency
procedures remain in place.
4. FRA has created the Emergency Relief Docket FRA-2005-22365 in
the publicly accessible Department of Transportation (DOT) Document
Management System (DMS). The docket can be accessed 24 hours a day,
seven days a week, via the Internet at the docket facility's Web site
at https://dms.dot.gov. All documents in this docket are available for
inspection and copying on the Web site or are available for examination
at the DOT Docket Management Facility, Room PL-401 (Plaza Level), 400
7th Street, SW., Washington, DC 20590 during regular business hours (9
a.m.-5 p.m.). The DMS internet site also allows any interested party to
subscribe, without fee, to its list serve application which will
automatically notify the party via e-mail when documents are added to
the Emergency Relief Docket (FRA-2005-22365).
5. Upon receipt and initial review of a petition for waiver, to
verify that it meets the criteria for use of these emergency
procedures, FRA will add the petition to the Emergency Relief Docket
(FRA-2005-22365). (If FRA determines that a petition meets the criteria
for use of the emergency procedures it will so notify the petitioning
party). The DMS numbers each document that is added to a docket. For
example, the first document submitted to the docket will be identified
as FRA-2005-22365-1. Thus, each petition submitted to the Emergency
Relief Docket will have a unique document number which should be
identified on all communications related to petitions contained in this
docket.
6. FRA will allow a 72-hour comment period from the time the
petition is entered into and available on the DMS. Any comment received
after that period will be considered to the extent practicable.
7. Interested parties will be given multiple methods by which they
may submit views, data or comment. All communications should identify
the appropriate docket (FRA-2005-22365) and should identify the
specific document number, discussed above. Interested parties may
submit their comments using any of the following methods:
a. Direct e-mail to FRA at: RRS.Correspondence@fra.dot.gov.
b. Direct fax to FRA at: 202-493-6309.
c. Submission of comments to the Docket Clerk, DOT Docket
Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW.,
Washington, DC 20590.
Any comments or information sent directly to FRA will be
immediately provided to the DOT DMS for inclusion into the Emergency
Relief Docket.
8. Parties interested in having a public hearing on any petition
must notify FRA within 72 hours of the posting of the petition in the
Emergency Relief Docket. If FRA receives a request for a public hearing
from any interested party, FRA will immediately arrange for a telephone
conference between all interested parties as soon as practicable. Thus,
interested party submitting comments or information on any petition for
waiver should include telephone numbers at which its representatives
may be contacted should the need arise. After such conference, should a
party still request a public hearing one will be arranged as soon as
practicable pursuant to the provisions contained in 49 CFR part 211.
9. FRA may grant a petition for waiver prior to conducting a public
hearing if such action is in the public interest and consistent with
safety or in situations where a hearing request is received subsequent
to the 72-hour comment period. In such an instance, FRA will
immediately notify the party requesting the public hearing and will
arrange to conduct such hearing as soon as practicable.
10. FRA reserves the right to reopen any docket and reconsider any
decision made pursuant to these emergency procedures based upon its own
initiative or based upon information or comments received subsequent to
the 72-hour comment period or at a later scheduled public hearing.
11. All FRA decision letters, either granting or denying a
petition, will be posted in the Emergency Relief Docket (FRA-2005-
22365) and will reference the document number of the petition to which
it relates.
FRA wishes to inform all interested parties that 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 September 1, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 05-17840 Filed 9-2-05; 3:10 pm]
BILLING CODE 4910-06-P
