Agency Request for Emergency Processing of Collection of Information by the Office of Management and Budget, 61495-61496 [05-21250]
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Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he or
she has been performing in intrastate
commerce. Consequently, the FMCSA
finds that exempting these applicants
from the vision standard in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31315 and 31136(e) to the 40 applicants
listed in the notice of August 19, 2005
(70 FR 21711).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a commercial vehicle
as safely as in the past. As a condition
of the exemption, therefore, the FMCSA
will impose requirements on the 40
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the agency’s
vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined 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, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
The FMCSA received two comments
in this proceeding. The comments were
considered and are discussed below.
An individual, wishing to remain
anonymous, commented that they have
been driving with a vision exemption
for several years safely and does not
believe that vision impaired drivers
VerDate Aug<31>2005
15:19 Oct 21, 2005
Jkt 208001
pose any additional danger to the public
because of their vision impairment. This
individual believes drivers who are
granted a vision exemption perform
better than those with normal vision,
and hopes that those who oppose the
Federal exemption program understand
that its mere existence is to focus on
safety on the highways.
The second comment was received by
Advocates for Highway and Auto Safety
(Advocates) expressing continued
opposition to the FMCSA’s policy to
grant exemptions from the FMCSRs,
including the driver qualification
standards. Specifically, Advocates: (1)
Objects to the manner in which the
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. §§ 31315 and
31136(e)); 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 70 FR 16887
(April 1, 2005). We will not address
these points again here, but refer
interested parties to those earlier
discussions.
Conclusion
Based upon its evaluation of the 40
exemption applications, the FMCSA
exempts Roy L. Allen, Calvin D.
Atwood, Gregory W. Babington, Lennie
D. Baker, Jr., John E. Breslin, Arturo
Cardozo, William P. Doolittle, Steve R.
Felks, William M. Gales, III, Jonathan M.
Gentry, John N. Guilford, Benny D.
Hatton, Jr., Robert W. Healey, Jr.,
Nathaniel H. Herbert, Jr., Thomas D.
Lambert, Thomas (Tom) W. Markham,
Eugene P. Martin, Raul Martinez, Joseph
L. Mast, Randy G. McCloud, Richard L.
McEwen, David McKinney, Ralph L.
Means, Kevin L. Moody, Woody M.
Moore, William G. Mote, Charles W.
Mullenix, James R. Murphy, Kenneth R.
Murphy, Gary S. Partridge, Nathan
(Nate) D. Peterson, John N. Poland, Neal
A. Richard, Chris A. Ritenour, Brent L.
Seaux, Gerald M. Smith, James T.
Smith, Nicholas J. Turpin, Gary M.
Wolff, and George R. Zenor, from the
vision requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)).
In accordance with 49 U.S.C. 31315
and 31136(e), each exemption will be
valid for 2 years unless revoked earlier
by the FMCSA. The exemption will be
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61495
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. 31315 and 31136.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to the FMCSA for a renewal under
procedures in effect at that time.
Issued on: October 18, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–21203 Filed 10–21–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Agency Request for Emergency
Processing of Collection of
Information by the Office of
Management and Budget
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
ACTION:
Notice.
SUMMARY: FRA hereby gives notice that
it has submitted the following
information collection request (ICR) to
the Office of Management and Budget
(OMB) for emergency processing under
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. Chapter 35).
FRA requests that OMB authorize the
collection of information identified
below on or before October 31, 2005, for
a period of 180 days after the date of
issuance of this notice in the Federal
Register. A copy of this individual ICR,
with applicable supporting
documentation, may be obtained by
calling FRA’s clearance officers, Robert
Brogan (telephone number (202) 493–
6292) or Victor Angelo (telephone
number (202) 493–6470; these numbers
are not toll-free), or by contacting Mr.
Brogan via facsimile at (202) 493–6270
or Mr. Angelo via facsimile at (202)
493–6170, or via e-mail by contacting
Mr. Brogan at robert.brogan@fra.dot.gov.
or by contacting Mr. Angelo at
victor.angelo@fra.dot.gov. Comments
and questions about the ICR identified
below should be directed to the Office
of Information and Regulatory Affairs,
Attn: OMB Desk Officer for FRA.
Title: FRA Emergency Order No. 24,
Notice No. 1.
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61496
Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices
REPORTING BURDEN
Emergency order item No.
Respondent
universe
Total annual
responses
Average time per
response
Total annual
burden hours
(1)—Instruction On Railroad Operating Rule—Operation of manual
main track in non-signal territory.
—Instruction Records ..................
(2) Hand-Operated Main Track
Switches—Confirmation of Switch
Position.
—Review of SPAF by Train Dispatcher.
(3) Switch Position Awareness Form
(SPAF).
(4) Job Briefings ..................................
685 Railroads;
100,000 employees.
685 Railroads .......
6,000 Dispatchers
100,000 instruction
sessions.
60 minutes ...........
100,000 ................
$4,700,000.
100,000 records ...
60,000 verbal confirmations.
2 minutes .............
30 seconds ...........
3,333 ....................
500 .......................
126,654.
20,500.
6,000 Dispatchers
15,000 reviews .....
10 seconds ..........
42 .........................
1,974.
100,000 employees.
100,000 employees.
100,000 employees.
20,000 forms ........
3 minutes .............
1,000 ....................
47,000.
60,000 briefings ...
1 minute ...............
1,000 ....................
47,000.
60,000 verbal
communications.
15 seconds ...........
250 .......................
11,750.
900,000 Crew
members.
685 Railroads .......
500 form entries ...
5 seconds ............
3 ...........................
141.
Burden Covered
Under OMB No.
2130–0035.
100,000 copies ....
Burden Covered
Under OMB No.
2130–0035.
2 seconds ............
Burden Covered
Under OMB No.
2130–0035.
56 .........................
Burden Covered
Under OMB No.
2130–0035.
2,128.
100,000 receipts +
100,000 records.
1 second + 1 second.
56 .........................
2,380.
10 petitions ...........
60 minutes ...........
10 .........................
380.
(5) Radio Communication—Crewmember communication with engineer.
—Notation of Inoperable Radio
on SPAF.
(6) Operational Tests and Inspections
(7) Distribution of Emergency Order—
Copies to Employees.
—Written Receipt and Acknowledgment of Copy.
(8) Relief—Petitions For Special Approval.
685 Railroads;
100,000 Employees.
685 Railroads;
100,000 Employees.
685 Railroads .......
Form Number(s): N/A.
Respondent Universe: 685 Railroads;
100,000 Railroad Employees.
Frequency of Submission: One-time;
On occasion.
Total Responses: 715,510.
Total Annual Estimated Burden:
106,250 hours.
Status: Emergency Review.
Description: FRA has determined that
public safety compels the issuance of
Emergency Order No. 24 and
necessitates this collection of
information in order that railroads
modify their operating rules and take
certain other actions necessary to ensure
that their employees who operate handoperated main track switches in nonsignaled territory restore the switches to
their proper (normal) position after use.
The Emergency Order is intended to
reduce the risk of serious injury or death
both to railroad employees and the
general public.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
VerDate Aug<31>2005
15:19 Oct 21, 2005
Jkt 208001
Total annual
burden cost
Issued in Washington, DC, on October 19,
2005.
Belinda Ashton,
Acting Director, Office of Budget, Federal
Railroad Administration.
[FR Doc. 05–21250 Filed 10–21–05; 8:45 am]
compensated by a railroad or by a
contractor to a railroad to perform any
of the duties defined in this EO. This EO
is intended to reduce the risk of serious
injury or death both to railroad
employees and the general public.
BILLING CODE 4910–06–P
Emergency Order Requiring Special
Handling, Instruction and Testing of
Railroad Operating Rules Pertaining to
Hand-Operated Main Track Switches
FOR FURTHER INFORMATION CONTACT:
Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of
Safety Assurance and Compliance, FRA,
1120 Vermont Avenue, NW., RRS–11,
Mail Stop 25, Washington, DC 20590
(telephone 202–493–6255); or Alan H.
Nagler, Senior Trial Attorney, Office of
Chief Counsel, FRA, 1120 Vermont
Avenue, NW., RCC–11, Mail Stop 10,
Washington, DC 20590 (telephone 202–
493–6038).
SUMMARY: The Federal Railroad
Administration (FRA) of the United
States Department of Transportation
(DOT) has determined that public safety
compels issuance of this Emergency
Order (EO) requiring railroads to modify
their operating rules and take certain
other actions necessary to ensure that
railroad employees who dispatch nonsignaled territory or who operate handoperated main track switches (switches)
in non-signaled territory, ensure the
switches are restored to their proper
(normal) position after use. For
purposes of this EO, ‘‘employee’’ means
an individual who is engaged or
AUTHORITY: Authority to enforce Federal
railroad safety laws has been delegated
by the Secretary of Transportation to the
Federal Railroad Administrator. 49 CFR
1.49. Railroads are subject to FRA’s
safety jurisdiction under the Federal
railroad safety laws. 49 U.S.C. 20101,
20103. FRA is authorized to issue
emergency orders where an unsafe
condition or practice ‘‘causes an
emergency situation involving a hazard
of death or personal injury.’’ 49 U.S.C.
20104. These orders may immediately
impose ‘‘restrictions and prohibitions
* * * that may be necessary to abate the
situation.’’ (Ibid.)
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 24; Docket No.
FRA–2005–22796, Notice No. 1]
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]]>Agencies
[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61495-61496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21250]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Agency Request for Emergency Processing of Collection of
Information by the Office of Management and Budget
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FRA hereby gives notice that it has submitted the following
information collection request (ICR) to the Office of Management and
Budget (OMB) for emergency processing under the Paperwork Reduction Act
of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). FRA requests that OMB
authorize the collection of information identified below on or before
October 31, 2005, for a period of 180 days after the date of issuance
of this notice in the Federal Register. A copy of this individual ICR,
with applicable supporting documentation, may be obtained by calling
FRA's clearance officers, Robert Brogan (telephone number (202) 493-
6292) or Victor Angelo (telephone number (202) 493-6470; these numbers
are not toll-free), or by contacting Mr. Brogan via facsimile at (202)
493-6270 or Mr. Angelo via facsimile at (202) 493-6170, or via e-mail
by contacting Mr. Brogan at robert.brogan@fra.dot.gov. or by contacting
Mr. Angelo at victor.angelo@fra.dot.gov. Comments and questions about
the ICR identified below should be directed to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for FRA.
Title: FRA Emergency Order No. 24, Notice No. 1.
[[Page 61496]]
Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual Average time per Total annual burden Total annual burden
Emergency order item No. Respondent universe responses response hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1)--Instruction On Railroad 685 Railroads; 100,000 100,000 instruction 60 minutes........... 100,000.............. $4,700,000.
Operating Rule--Operation of employees. sessions.
manual main track in non-signal
territory.
--Instruction Records.......... 685 Railroads......... 100,000 records....... 2 minutes............ 3,333................ 126,654.
(2) Hand-Operated Main Track 6,000 Dispatchers..... 60,000 verbal 30 seconds........... 500.................. 20,500.
Switches--Confirmation of Switch confirmations.
Position.
--Review of SPAF by Train 6,000 Dispatchers..... 15,000 reviews........ 10 seconds........... 42................... 1,974.
Dispatcher.
(3) Switch Position Awareness Form 100,000 employees..... 20,000 forms.......... 3 minutes............ 1,000................ 47,000.
(SPAF).
(4) Job Briefings.................. 100,000 employees..... 60,000 briefings...... 1 minute............. 1,000................ 47,000.
(5) Radio Communication--Crewmember 100,000 employees..... 60,000 verbal 15 seconds........... 250.................. 11,750.
communication with engineer. communications.
--Notation of Inoperable Radio 900,000 Crew members.. 500 form entries...... 5 seconds............ 3.................... 141.
on SPAF.
(6) Operational Tests and 685 Railroads......... Burden Covered Under Burden Covered Under Burden Covered Under Burden Covered Under
Inspections. OMB No. 2130-0035. OMB No. 2130-0035. OMB No. 2130-0035. OMB No. 2130-0035.
(7) Distribution of Emergency 685 Railroads; 100,000 100,000 copies........ 2 seconds............ 56................... 2,128.
Order--Copies to Employees. Employees.
--Written Receipt and 685 Railroads; 100,000 100,000 receipts + 1 second + 1 second.. 56................... 2,380.
Acknowledgment of Copy. Employees. 100,000 records.
(8) Relief--Petitions For Special 685 Railroads......... 10 petitions.......... 60 minutes........... 10................... 380.
Approval.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form Number(s): N/A.
Respondent Universe: 685 Railroads; 100,000 Railroad Employees.
Frequency of Submission: One-time; On occasion.
Total Responses: 715,510.
Total Annual Estimated Burden: 106,250 hours.
Status: Emergency Review.
Description: FRA has determined that public safety compels the
issuance of Emergency Order No. 24 and necessitates this collection of
information in order that railroads modify their operating rules and
take certain other actions necessary to ensure that their employees who
operate hand-operated main track switches in non-signaled territory
restore the switches to their proper (normal) position after use. The
Emergency Order is intended to reduce the risk of serious injury or
death both to railroad employees and the general public.
Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
Authority: 44 U.S.C. 3501-3520.
Issued in Washington, DC, on October 19, 2005.
Belinda Ashton,
Acting Director, Office of Budget, Federal Railroad Administration.
[FR Doc. 05-21250 Filed 10-21-05; 8:45 am]
BILLING CODE 4910-06-P
