March 21, 2011, FR Notice (30-Day)

15362

Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices

SUPPLEMENTARY INFORMATION:

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Background

enforcement official. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) The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.
31136(e) and 31315.

Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.’’ The procedures
Basis for Renewing Exemptions
for requesting an exemption (including
Under 49 U.S.C. 31315(b)(1), an
renewals) are set out in 49 CFR part 381.
exemption may be granted for no longer
Exemption Decision
than two years from its approval date
and may be renewed upon application
This notice addresses 22 individuals
for additional two year periods. In
who have requested renewal of their
exemptions in accordance with FMCSA accordance with 49 U.S.C. 31136(e) and
procedures. FMCSA has evaluated these 31315, each of the 22 applicants has
satisfied the entry conditions for
22 applications for renewal on their
obtaining an exemption from the vision
merits and decided to extend each
requirements (74 FR 15884; 74 FR
exemption for a renewable two-year
7097). Each of these 22 applicants has
period. They are:
requested renewal of the exemption and
Michael L. Ayers
has submitted evidence showing that
Paul V. Daluisio
the vision in the better eye continues to
Tracy A. Doty
meet the standard specified at 49 CFR
Matthew A. Ericson
Charles W. Hillyer
391.41(b)(10) and that the vision
Stephen R. Jackson
impairment is stable. In addition, a
Wesley J. Jenkins
review of each record of safety while
Richard H. Johnson
driving with the respective vision
Darrel R. Martin
deficiencies over the past two years
James W. McGhee
indicates each applicant continues to
James P. Mittlefehldt
meet the vision exemption standards.
Robert E. Morrison
These factors provide an adequate basis
Pahl M. Olson
for predicting each driver’s ability to
Craig P. Osborn
continue to drive safely in interstate
Wayne Resch
commerce. Therefore, FMCSA
James L. Rooney
concludes that extending the exemption
James E. Russell
for each renewal applicant for a period
Robert C. Sellers, Jr.
of two years is likely to achieve a level
Richard L. Sturk
of safety equal to that existing without
Wayne A. Whitehead
the exemption.
Charles F. Wotring
Request for Comments
Forrest L. Wright
The exemptions are extended subject
FMCSA will review comments
to the following conditions: (1) That
received at any time concerning a
each individual has a physical
particular driver’s safety record and
examination every year (a) by an
determine if the continuation of the
ophthalmologist or optometrist who
exemption is consistent with the
attests that the vision in the better eye
requirements at 49 U.S.C. 31136(e) and
continues to meet the standard in 49
31315. However, FMCSA requests that
CFR 391.41(b)(10), and (b) by a medical
interested parties with specific data
examiner who attests that the individual concerning the safety records of these
is otherwise physically qualified under
drivers submit comments by April 20,
49 CFR 391.41; (2) that each individual
2011.
FMCSA believes that the
provides a copy of the ophthalmologist’s
requirements for a renewal of an
or optometrist’s report to the medical
exemption under 49 U.S.C. 31136(e) and
examiner at the time of the annual
31315 can be satisfied by initially
medical examination; and (3) that each
individual provide a copy of the annual granting the renewal and then
medical certification to the employer for requesting and evaluating, if needed,
subsequent comments submitted by
retention in the driver’s qualification
interested parties. As indicated above,
file and retains a copy of the
the Agency previously published
certification on his/her person while
notices of final disposition announcing
driving for presentation to a duly
its decision to exempt these 22
authorized Federal, State, or local

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individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: March 10, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011–6469 Filed 3–18–11; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
[Docket No. FRA–2011–0001–N–3]

Federal Railroad Administration
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirement (ICR) abstracted
below is being forwarded to the Office
of Management and Budget (OMB) for
review and comment. The ICR describes
the nature of the information collection
and its expected burden. The Federal
Register notice with a 60-day comment
period soliciting comments on the
following collection of information was
published on January 13, 2011 (76 FR
2441).

SUMMARY:

Comments must be submitted on
or before April 20, 2011.

DATES:

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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices
Mr.
Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS–
21, Federal Railroad Administration,
1200 New Jersey Ave., SE., 3rd Floor,
Mail Stop 25, Washington, DC 20590
(telephone: (202) 493–6292), or Ms.
Kimberly Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., 3rd Floor, Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On January 13,
2011, FRA published a 60-day notice in
the Federal Register soliciting comment
on this ICR for which the agency was
seeking OMB approval. 76 FR 2441.
FRA received no comments in response
to this notice.
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summary below describes the
nature of the information collection
requirement (ICR) and the expected
burden for the ICR being submitted for
clearance by OMB as required by the
PRA.
Title: Reflectorization of Freight
Rolling Stock.
OMB Control Number: 2130–0566.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.
Abstract: The Federal Railroad
Administration (FRA) issued this

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FOR FURTHER INFORMATION CONTACT:

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regulation to mandate the
reflectorization of freight rolling stock
(freight cars and locomotives) to
enhance the visibility of trains in order
to reduce the number and severity of
accidents at highway-rail grade
crossings in which train visibility acted
as a contributing factor. The information
collected is used by FRA to ensure that
railroads/car owners follow the
schedule established by the regulation
for placing retro-reflective material on
the sides of freight rolling stock (freight
cars and locomotives) in order to
improve the visibility of trains. The
information is also used by FRA to
confirm that railroads/car owners meet
the prescribed standards for the
application, inspection, and
maintenance of the required retroreflective material.
Form Number(s): FRA F 6180.113.
Annual Estimated Burden Hours:
18,044 hours.
ADDRESSES: Send comments regarding
this information collection to the Office
of Information and Regulatory Affairs,
Office of Management and Budget, 725
Seventeenth Street, NW., Washington,
DC 20503, Attention: FRA Desk Officer.
Comments may also be sent via e-mail
to OMB at the following address:
[email protected].
Comments are invited on the
following: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimate of the burden of
the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on March 15,
2011.
Kimberly Coronel,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. 2011–6480 Filed 3–18–11; 8:45 am]
BILLING CODE 4910–06–P

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15363

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of title 49
Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
American Short Line and Regional
Railroad Association
[Waiver Petition Docket Number FRA–2009–
0078]

In response to the American Short
Line and Regional Railroad
Association’s (ASLRRA) July 16, 2009,
petition in this docket, FRA granted
certain identified ASLRRA member
railroads limited conditional relief from
the Federal hours of service law (HSL;
49 U.S.C. chapter 211). Specifically,
FRA granted the identified ASLRRA
member railroads listed on ASLRRA’s
‘‘Seconded Amended Exhibit A’’ in this
docket relief from 49 U.S.C.
21103(a)(4)(A). (See FRA letter dated
March 5, 2010; document number—
0008.1 in docket). Section
21103(a)(4)(A) mandates that train
employees have 48- or 72-hour off-duty
periods following the initiation of onduty periods on either 6 or 7
consecutive days.
By a letter dated November 29, 2010,
ASLRRA notified FRA of an error in its
‘‘Second Amended Exhibit A’’ upon
which FRA based its initial grant of
relief. (See document number—0091.1
in docket). Specifically, ASLRRA
notified FRA that one ASLRRA member
railroad, the Brownsville & Rio Grande
International Railroad (BRG), was
inadvertently omitted from the amended
exhibit. Noting that BRG had properly
executed the application agreeing to
participate in ASLRRA’s petition and
proposed pilot project, and had already
filed evidence of its employee
concurrence with the waiver in the
docket as required by FRA’s March 5,
2010, letter, ASLRRA requested that
FRA add BRG to the list of railroads
participating in the waiver. FRA has
done so, subject to public comment on
BRG’s participation in the waiver.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate

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