January 24, 2012, FR Notice (30-Day)

Jan. 24, 2012, FR Notice (Alc 30DY).pdf

Title Control of Alcohol and Drug Use in Railroad Operations

January 24, 2012, FR Notice (30-Day)

OMB: 2130-0526

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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices

srobinson on DSK4SPTVN1PROD with NOTICES

individual is otherwise physically
qualified under 49 CFR 391.41; (2) that
each individual provides 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 and retains a
copy of the certification on his/her
person while driving for presentation to
a duly authorized Federal, State, or local
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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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.
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. 31136(e) and
31315, each of the 6 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (66 FR 53826; 66 FR
66966; 68 FR 61857; 68 FR 69434; 68 FR
75715; 70 FR 57353; 70 FR 71884; 70 FR
72689; 71 FR 646; 71 FR 4632; 71 FR
6825; 72 FR 71998; 73 FR 6246; 74 FR
60022; 74 FR 65846; 75 FR 1450; 75 FR
4623). Each of these 6 applicants has
requested renewal of the exemption and
has submitted evidence showing that
the vision in the better eye continues to
meet the requirement 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
requirements. These factors provide an
adequate basis for predicting each
driver’s ability to continue to drive
safely in interstate commerce.
Therefore, 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.
Request for Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and

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Jkt 226001

determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by February
23, 2012.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 6
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: January 13, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–1389 Filed 1–23–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2012–0006–N–2]

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

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3555

In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below are being forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on November 17, 2011 (76 FR
71432).
DATES: Comments must be submitted on
or before February 23, 2012.
FOR FURTHER INFORMATION CONTACT: 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 November 17,
2011, FRA published a 60-day notice in
the Federal Register soliciting comment
on these ICRs for which the agency is
seeking OMB approval. 76 FR 71432.
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
SUMMARY:

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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices

OMB within 30 days of publication of
this Notice 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
requirements (ICRs) and the expected
burden being submitted for clearance by
OMB as required by the PRA.
Title: Control of Alcohol and Drug
Use in Railroad Operations.
OMB Control Number: 2130–0526.
Type of Request: Extension without
change of a previously approved
collection.
Affected Public: Businesses.
Abstract: The information collection
requirements contained in preemployment and ‘‘for cause’’testing
regulations are intended to ensure a
sense of fairness and accuracy for
railroads and their employees. The
principal information—evidence of
unauthorized alcohol or drug use—is
used to prevent accidents by screening
personnel who perform safety-sensitive
service. FRA uses the information to
measure the level of compliance with
regulations governing the use of alcohol
or controlled substances. Elimination of
this problem is necessary to prevent
accidents, injuries, and fatalities of the
nature already experienced and further
reduce the risk of a truly catastrophic
accident.
Form Number: FRA F 6180.73,
6180.74, 6180.94A, 61880.94B.
Total Annual Estimated Burden
Hours: 31,797 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 email 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.

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Jkt 226001

Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on January 18,
2012.
Michael Logue,
Acting Director, Office of Financial
Management, Federal Railroad
Administration.
[FR Doc. 2012–1380 Filed 1–23–12; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2012–0006–N–1]

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 Requirements (ICRs)
abstracted below are being forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on November 17, 2011 (76 FR
71433).
DATES: Comments must be submitted on
or before February 23, 2012.
FOR FURTHER INFORMATION CONTACT: 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.
SUMMARY:

PO 00000

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Fmt 4703

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44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On November 17,
2011, FRA published a 60-day notice in
the Federal Register soliciting comment
on these ICRs for which the agency is
seeking OMB approval. 76 FR 71433.
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 of
this Notice 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
requirements (ICRs) and the expected
burden being submitted for clearance by
OMB as required by the PRA.
Title: Trespasser Death Study.
OMB Control Number: 2130–0563.
Type of Request: Reinstatement of a
previously approved collection.
Affected Public: Businesses.
Abstract: Trespasser deaths on
railroad rights-of-way and other railroad
property are the leading cause of
fatalities attributable to railroad
operations in the United States. In order
to address this serious issue, interest
groups, the railroad industry, and
government (Federal, State, and local)
must know more about the individuals
who trespass. With such knowledge,
specific educational programs,
materials, and messages regarding the
hazards and consequences of
trespassing on railroad property can be
developed and effectively distributed.
Due to the lack of available
demographic data, FRA proposes to
conduct a follow-up study to the one
released in 2008 titled Rail Trespasser
Fatalities; Developing Demographic
Profile. The previous study used a
private contractor to obtain additional
demographic data for the time period of
2003–2005 from local county medical
examiners so as to develop a general,
regional profile of ‘‘typical’’ trespassers
in order to target audiences with
appropriate education and enforcement
campaigns that will reduce the annual

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