Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices 53413 

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 

(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). 

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. 

53414 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices 

1CSXT 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). 

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 http:// 

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 http:// 

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.