Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 61495 

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 

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 

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 

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. 

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 

Total annual 

burden cost 

(1)—Instruction On Railroad Operating Rule—Operation of manual 

main track in non-signal territory.

685 Railroads; 

100,000 employees.

100,000 instruction 

sessions.

60 minutes ........... 100,000 ................ $4,700,000. 

—Instruction Records .................. 685 Railroads ....... 100,000 records ... 2 minutes ............. 3,333 .................... 126,654. 

(2) Hand-Operated Main Track 

Switches—Confirmation of Switch 

Position.

6,000 Dispatchers 60,000 verbal confirmations.30 seconds ........... 500 ....................... 20,500. 

—Review of SPAF by Train Dispatcher.6,000 Dispatchers 15,000 reviews ..... 10 seconds .......... 42 ......................... 1,974. 

(3) Switch Position Awareness Form 

(SPAF).

100,000 employees.20,000 forms ........ 3 minutes ............. 1,000 .................... 47,000. 

(4) Job Briefings .................................. 100,000 employees.60,000 briefings ... 1 minute ............... 1,000 .................... 47,000. 

(5) Radio Communication—Crewmember communication with engineer.100,000 employees.60,000 verbal 

communications.

15 seconds ........... 250 ....................... 11,750. 

—Notation of Inoperable Radio 

on SPAF.

900,000 Crew 

members.

500 form entries ... 5 seconds ............ 3 ........................... 141. 

(6) Operational Tests and Inspections 685 Railroads ....... Burden Covered 

Under OMB No. 

2130–0035.

Burden Covered 

Under OMB No. 

2130–0035.

Burden Covered 

Under OMB No. 

2130–0035.

Burden Covered 

Under OMB No. 

2130–0035. 

(7) Distribution of Emergency Order—

Copies to Employees.

685 Railroads; 

100,000 Employees.

100,000 copies .... 2 seconds ............ 56 ......................... 2,128. 

—Written Receipt and Acknowledgment of Copy.685 Railroads; 

100,000 Employees.

100,000 receipts + 

100,000 records.

1 second + 1 second.56 ......................... 2,380. 

(8) Relief—Petitions For Special Approval.685 Railroads ....... 10 petitions ........... 60 minutes ........... 10 ......................... 380. 

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. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[FRA Emergency Order No. 24; Docket No. 

FRA–2005–22796, Notice No. 1] 

Emergency Order Requiring Special 

Handling, Instruction and Testing of 

Railroad Operating Rules Pertaining to 

Hand-Operated Main Track Switches 

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 

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. 

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). 

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.)