November 15, 2012, FR Notice (60-Day)

Nov. 15, 2012, FR Notice (60-Day).pdf

Disqualification Proceedings

November 15, 2012, FR Notice (60-Day)

OMB: 2130-0529

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Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices

TKELLEY on DSK3SPTVN1PROD with NOTICES

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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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 32 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (69–FR–62741, 71–FR–
62147, 63–FR–30285, 63–FR–54519, 65–
FR–20245, 65–FR–33406, 65–FR–45817,
65–FR–57230, 65–FR–77066, 65–FR–
77069, 67–FR–57266, 67–FR–71610, 69–
FR–17263, 69–FR–31447, 69–FR–52741,
69–FR–53493, 69–FR–62742, 69–FR–
64810, 71–FR–62148, 71–FR–66217, 73–
FR–35194, 73–FR–48273, 73–FR–51689,
73–FR–60398, 73–FR–61922, 73–FR–
61925, 73–FR–63047, 73–FR–74565, 75–
FR–39725, 75–FR–44050, 75–FR–47883,
75–FR–54958, 75–FR–59327, 75–FR–
61833, 75–FR–63255, 75–FR–70078, 75–
FR–72868, 75–FR–77949). Each of these
32 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
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and

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31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by December
17, 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 32
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: November 5, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–27693 Filed 11–14–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2012–0006–N–15]

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

In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the

SUMMARY:

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Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than January 14, 2013.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB Control Number 2130–0525’’
and/or ‘‘Comments on OMB Control
Number 2130–0529.’’ Alternatively,
comments may be transmitted via
facsimile to (202) 493–6216 or (202)
493–6170, or via email to Mr. Brogan at
[email protected], or to Ms. Toone
at [email protected]. Please refer
to the assigned OMB control number in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., 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, § 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
provide 60-day notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),

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Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices

TKELLEY on DSK3SPTVN1PROD with NOTICES

1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection

techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(i)–(iv); 5 CFR
1320.8(d)(1)(i)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.

Below are brief summaries of the two
currently approved information
collection activities that FRA will
submit for clearance by OMB as
required under the PRA:
Title: Certification of Glazing
Materials.
OMB Control Number: 2130–0525.
Abstract: The collection of
information is set forth under 49 CFR
Part 223, which requires the
certification and permanent marking of
glazing materials by the manufacturer.
The manufacturer is also responsible for
making available test verification data to
railroads and FRA upon request.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: 5
Manufacturers.

CFR section

Respondent universe

Total annual responses

Average time per
response

223.17—Identification of Equipped Locomotives,
Passenger Cars, and Caboose.
223.17—Appendix A—Requests for Glazing
Certification.
—Marking Individual Units of Glazing Material.
—Testing New Material and Providing
Verification Data.

4 Manufacturers ...........

15 minutes ...................

50

5 Manufacturers ...........

200 stencilings or metal
plates.
10 request ....................

15 minutes ...................

3

5 Manufacturers ...........

25,000 pieces ...............

480 pieces per hour .....

52

5 Manufacturers ...........

1 test ............................

14 hours .......................

14

Frequency of Submission: On
occasion.
Total Responses: 25,211.
Estimated Total Annual Burden: 119
hours.
Status: Extension of a currently
approved collection.
Title: Disqualification Proceedings.
OMB Control Number: 2130–0529.
Abstract: Under 49 U.S.C. 20111(c),
FRA is authorized to issue orders
disqualifying railroad employees,
including supervisors, managers, and
other agents, from performing safetysensitive service in the rail industry for
violations of safety rules, regulations,
standards, orders, or laws evidencing
unfitness. FRA’s regulations, 49 CFR
Part 209, Subpart D, implement the
statutory provision by requiring (i) a
railroad employing or formerly
employing a disqualified individual to
disclose the terms and conditions of a
disqualification order to the individual’s
new or prospective employing railroad;
(ii) a railroad considering employing an
individual in a safety-sensitive position
to ask the individual’s previous
employing railroad whether the
individual is currently serving under a
disqualification order; and (iii) a
disqualified individual to inform his
new or prospective employer of the
disqualification order and provide a
copy of the same. Additionally, the

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regulations prohibit a railroad from
employing a person serving under a
disqualification order to work in a
safety-sensitive position. This
information serves to inform a railroad
whether an employee or prospective
employee is currently disqualified from
performing safety-sensitive service
based on the issuance of a
disqualification order by FRA.
Furthermore, it prevents an individual
currently serving under a
disqualification order from retaining
and obtaining employment in a safetysensitive position in the rail industry.
Form Number(s): N/A.
Affected Public: Railroad Employees.
Respondent Universe: 40,000
Locomotive Engineers.
Total Responses: 3.
Estimated Total Annual Burden: 5
hours.
Status: Extension of a currently
approved collection.
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.

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Total annual
burden hours

Issued in Washington, DC, on November 8,
2012.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad
Administration.
[FR Doc. 2012–27790 Filed 11–14–12; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF THE TREASURY
Privacy Act of 1974, as Amended
Department of the Treasury.
Notice of New Privacy Act
System of Records.

AGENCY:
ACTION:

In accordance with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, the
Department of the Treasury gives notice
to establish a new system of records
entitled ‘‘Treasury .014—Department of
the Treasury User Profile Services.’’
DATES: Comments must be received no
later than December 17, 2012. This new
system will be effective December 20,
2012 unless the Department of the
Treasury receives comments that would
result in a contrary determination.
ADDRESSES: Written comments should
be submitted to Enterprise Content
Management (ECM) c/o Office of
Privacy, Transparency, and Records
(PTR), Department of the Treasury, 1500
SUMMARY:

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