March 27, 2013, FR Notice (60-Day)

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices

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James R. Petre (MD)
Gary W. Pope (AK)
Zeljko Popovac (VT)
Jerald W. Rehnke (MN)
James R. Rieck (CA)
Alvaro F. Rodriguez (TX)
Raymond E. Royer (MN)
Richie J. Schwendy (IL)
Jesse J. Sutton (IN)
Bill J. Thierolf (NE)
Janusz Tyrpien (FL)
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirements 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 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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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 27 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (57 FR 57266; 63 FR
66226; 64 FR 16517; 65 FR 57230; 65 FR
66286; 66 FR 13825; 66 FR 17994; 67 FR
68719; 68 FR 2629; 68 FR 10300; 68 FR
10301; 68 FR 13360; 68 FR 15037; 68 FR
19596; 69 FR 62741; 70 FR 2701; 70 FR
7546; 70 FR 12265; 70 FR 14747; 70 FR
16886; 70 FR 16887; 71 FR 62147; 71 FR
63379; 72 FR 180; 72 FR 1050; 72 FR
7111; 72 FR 9397; 72 FR 11425; 72 FR
11426; 72 FR 12665; 72 FR 18726; 73 FR
20245; 73 FR 38497; 73 FR 48271; 73 FR
75806; 73 FR 76440; 73 FR 78421; 73 FR

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78422; 74 FR 6211; 74 FR 8302; 74 FR
9329; 74 FR 11991; 75 FR 69737; 75 FR
72869; 75 FR 77942; 75 FR 79079; 76 FR
1499; 76 FR 5425; 76 FR 7894; 76 FR
8809; 76 FR 9856; 76 FR 9865; 76 FR
11215; 76 FR 12216; 76 FR 15360; 76 FR
17483; 76 FR 20076; 76 FR 20078). Each
of these 27 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
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by April 26,
2013.
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 27
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

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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 19, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–07105 Filed 3–26–13; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2013–0002–N–7]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:

SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
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 May 28, 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 17,
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 ____.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan at [email protected], or

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices

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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 17,
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., 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-days 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),
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 three
currently approved information
collection activities that FRA will
submit for clearance by OMB as
required under the PRA:
Title: Stencilling Reporting Mark on
Freight Cars.
OMB Control Number: 2130–0520.
Abstract: Title 49, Section 215.301 of
the Code of Federal Regulations, sets
forth certain requirements that must be
followed by railroad carriers and private
car owners relative to identification
marks on railroad equipment. FRA,
railroads, and the public refer to the
stencilling to identify freight cars.
Form Number(s): N/A.
Affected Public: Businesses.
Frequency of Submission: On
occasion.
Respondent Universe: 728 railroads.
Total Estimated Responses: 25,000
stencilled/repainted freight cars.
Total Estimated Annual Burden:
18,750 hours.
Status: Regular Review.
OMB Control Number: 2130–0523.
Title: Rear-End Marking Devices.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.

18669

Form Number(s): N/A.
Abstract: The collection of
information is set forth under 49 CFR
part 221 which requires railroads to
furnish a detailed description of the
type of marking device to be used for
the trailing end of rear cars in order to
ensure rear cars meet minimum
standards for visibility and display.
Railroads are required to furnish a
certification that the device has been
tested in accordance with current
‘‘Guidelines For Testing of Rear End
Marking Devices.’’ Additionally,
railroads are required to furnish detailed
test records which include the testing
organizations, description of tests,
number of samples tested, and the test
results in order to demonstrate
compliance with the performance
standard.
Respondent Universe: 728 railroads.
Frequency of Submission: On
occasion.
Total Estimated Responses: 4.
Total Estimated Annual Burden: 39
hours.
Status: Regular Review.
Title: Locomotive Certification (Noise
Compliance Regulations).
OMB Control Number: 2130–0527.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.
Form Number(s): N/A.
Abstract: Part 210 of title 49 of the
United States Code of Federal
Regulations (CFR) pertains to FRA’s
noise enforcement procedures which
encompass rail yard noise source
standards published by the
Environmental Protection Agency
(EPA). EPA has the authority to set these
standards under the Noise Control Act
of 1972. The information collected by
FRA under Part 210 is necessary to
ensure compliance with EPA noise
standards for new locomotives.
Respondent Universe: 2 Locomotive
Manufacturers.
Frequency of Submission: On
occasion.

CFR section

Respondent universe

Total annual responses

Average time per
response

210.27—New Loco. Certification—Requests for
Information.
—Identification of Locomotives ....................

4 Locomotive Manufacturers.
4 Locomotive Manufacturers.
4 Locomotive Manufacturers.

4 requests ....................

30 minutes ...................

2

790 badges/plates ........

30 minutes ...................

395

790 recorded measurements.

3 hours .........................

2,370

210.31—Operation Standards—Measurement of
Loco. Noise Emissions.

Total Estimated Responses: 1,582.
Total Estimated Annual Burden:
2,767 hours.
Status: Regular Review.

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Title: Grade Crossing Signal System
Safety Regulations.
OMB Control Number: 2130–0534.

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Total annual
burden hours

Abstract: FRA believes that highwayrail grade crossing (grade crossing)
accidents resulting from warning system
failures can be reduced. Motorists lose

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices

faith in warning systems that constantly
warn of an oncoming train when none
is present. Therefore, the fail-safe
feature of a warning system loses its
effectiveness if the system is not
repaired within a reasonable period of
time. A greater risk of an accident is
present when a warning system fails to
activate as a train approaches a grade
crossing. FRA’s regulations require
railroads to take specific responses in
the event of an activation failure. FRA
uses the information to develop better

highway traffic authorities of warning
system malfunctions so that they can
take the necessary measures to protect
motorists and railroad workers at the
grade crossing until repairs have been
made.
Form Number(s): FRA F 6180.83.
Affected Public: Businesses.
Frequency of Submission: On
occasion; record keeping.
Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per
response

234.7—Telephone Notification ............................
234.9—Grade crossing signal system failure reports.
234.105.106/107—Notification to train crew and
highway traffic control authority.
234.109—Record Keeping ..................................

728 railroads ................
728 railroads ................

8 phone calls ................
600 reports ...................

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

2
150

728 railroads ................

24,000 notifications ......

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

6,000

728 railroads ................

12,000 records .............

10 minutes ...................

2,000

Total Estimated Responses: 36,608.
Total Estimated Annual Burden:
8,152 hours.
Status: Regular Review.
OMB Control Number: 2130–0535.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.
Form Number(s): N/A.
Abstract: Section 20139 of Title 49 of
the United States Code required FRA to
issue rules, regulations, orders, and
standards for the safety of maintenanceof-way employees on railroad bridges,
including for ‘‘bridge safety equipment’’
such as nets, walkways, handrails, and
safety lines, and requirements for the
use of vessels when work is performed
on bridges located over bodies of water.
FRA has added 49 CFR part 214 to
establish minimum workplace safety
standards for railroad employees as they
apply to railroad bridges. Specifically,
section 214.15(c) establishes standards
and practices for safety net systems.
Safety nets and net installations are to
be drop-tested at the job site after initial
installation and before being used as a
fall-protection system; after major
repairs; and at six-month intervals if left
at one site. If a drop-test is not feasible
and is not performed, then a written
certification must be made by the
railroad or railroad contractor, or a
designated certified person, that the net
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solutions to the problems of grade
crossing device malfunctions. With this
information, FRA is able to correlate
accident data and equipment
malfunctions with the types of circuits
and age of equipment. FRA can then
identify the causes of grade crossing
system failures and investigate them to
determine whether periodic
maintenance, inspection, and testing
standards are effective. FRA also uses
the information collected to alert
railroad employees and appropriate

does comply with the safety standards
of this section. FRA and State inspectors
use the information to enforce Federal
regulations. The information that is
maintained at the job site promotes safe
bridge worker practices.
Frequency of Submission: On
occasion.
Total Estimated Responses: 6.
Total Estimated Annual Burden: 1
hour.
Status: Regular Review.
Title: Railroad Police Officers.
OMB Control Number: 2130–0537.
Type of Request: Extension of a
currently approved collection.
Affected Public: Railroads and States.
Form(s): None.
Abstract: Under 49 CFR part 207,
railroads are required to notify states of
all designated police officers who are
discharging their duties outside of their
respective jurisdictions. This
requirement is necessary to verify
proper police authority.
Total Estimated Responses: 70.
Total Annual Estimated Burden
Hours: 181 hours.
Status: Regular Review.
Title: Foreign Railroads’ ForeignBased (FRFB) Employees Who Perform
Train or Dispatching Service in the
United States.
OMB Control Number: 2130–0555.
Abstract: The collection of
information is used by FRA to

Total annual
burden hours

determine compliance of FRFB train
and dispatching service employees and
their employers with the prohibition
against the abuse of alcohol and
controlled substances. Because of the
increase in cross-border train operations
and the increased risk posed to the
safety of train operations in the United
States, FRA seeks to apply all of the
requirements of 49 CFR part 219 to
FRFB train and dispatching service
employees. The basic information—
evidence of unauthorized use of drugs
and alcohol—is used by FRA to help
prevent accidents/incidents by
screening FRFB who perform safetysensitive functions for unauthorized
drug or alcohol use. FRFB train and
dispatching service employees testing
positive for unauthorized use of alcohol
and drugs are removed from service,
thereby enhancing safety and serving as
a deterrent to other FRFB train and
dispatching service employees who
might be tempted to engage in the
unauthorized use of drugs or alcohol.
Form Number(s): None.
Respondent Universe: 2 Railroads.
Frequency of Submission: On
occasion.
Affected Public: Foreign-Based
Railroads and Their Employees.
Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per
response

219.4—Recognition of Foreign Railroads’ Workplace Testing Programs: Petitions to Agency.
—Comments on Petition ..............................

2 railroads ....................

1 petition ......................

10 hours .......................

10

2 railroads/public ..........

2 hours .........................

4

219.403/405—Evaluation by Substance Abuse
Professional.

2 railroads ....................

2 comments + 2 comment copies.
3 reports/referrals .........

2 hours .........................

6

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burden hours

Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices
CFR section

Respondent universe

Total annual responses

Average time per
response

219.405(c)(1)—Report by a Co-worker ...............
219.609—Notice by Employee Asking to be Excused from Random Alcohol Testing.
219.903—Retention of Urine Drug Testing
Records.

2 railroads ....................
200 employees .............

1 report .........................
2 excuses .....................

5 minutes .....................
15 minutes ...................

.08
.5

2 railroads ....................

80 records ....................

5 minutes .....................

7

Total Responses: 91.
Total Estimated Total Annual Burden:
28 hours.
Type of Request: 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.
Issued in Washington, DC, on March 21,
2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad
Administration.
[FR Doc. 2013–07042 Filed 3–26–13; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2013–0002–N–8]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice and Request for
Comments
AGENCY:

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18671

SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describes the nature of the
information collection 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 January 9, 2013.
DATES: Comments must be submitted on
or before April 26, 2013.
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,

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18:10 Mar 26, 2013

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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., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
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 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 9,
2013, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICRs that the agency was seeking
OMB approval. 78 FR 1930. 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 summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The revised requirements are
being submitted for clearance by OMB
as required by the PRA.
SUPPLEMENTARY INFORMATION:

Title: Designation of Qualified
Persons.
OMB Control Number: 2130–0511.

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Total annual
burden hours

Type of Request: Extension without
change of a currently approved
collection.
Affected Public: Businesses.
Form(s): N/A.
Abstract: The collection of
information is used to prevent the
unsafe movement of defective freight
cars. Railroads are required to inspect
freight cars for compliance and to
determine restrictions on the
movements of defective cars.
Annual Estimated Burden: 40 hours.
Title: Passenger Equipment Safety
Standards.
OMB Control Number: 2130–0544.
Type of Request: Extension with
change of a currently approved
collection.
Affected Public: Businesses.
Form(s): N/A.
Abstract: The information gained
from daily inspections is used to detect
and correct equipment problems so as to
prevent collisions, derailments, and
other occurrences involving railroad
passenger equipment that cause injury
or death to railroad employees, railroad
passengers, or to the general public; and
to mitigate the consequences of any
such occurrences, to the extent that they
cannot be prevented. The information
provided promotes passenger train
safety by ensuring requirements are met
for railroad equipment design and
performance; fire safety; emergency
systems; the inspection, testing, and
maintenance of passenger equipment;
and other provisions for the safe
operation of railroad passenger
equipment.
Annual Estimated Burden: 4,434,206
hours.
Addressee: Send comments regarding
these information collections 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
collections of information are necessary
for the proper performance of the
functions of FRA, including whether the

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