June 3, 2014, FR Notice (30-Day)

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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices

Paul D. Thompson
Mr. Thompson is a 51 year-old driver
in Oklahoma. He has a history of seizure
disorder and has remained seizure free
since 1991. He takes anti-seizure
medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Thompson receiving an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
the exemption applications described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
earlier in the notice.
Issued on: May 16, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–12790 Filed 6–2–14; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2014–0011–N–12]

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, this
notice announces that the renewal
Information Collection Request (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 March
21, 2014 (79 FR 15795).
DATES: Comments must be submitted on
or before July 3, 2014.
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. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad

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SUMMARY:

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Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590 (Telephone: (202) 493–6132).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, sec. 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 March 21,
2014, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICRs that the agency was seeking
OMB approval. See 79 FR 15795. FRA
received one comment in response to
this notice.
The comment was not about the
collection of information itself, its
requirements, or the burden estimates
delineated in the Federal Register
Notice. Rather, it pertained to the issue
of fatigue and came from a resident, Ms.
Michelle Horton, of East Moline,
Illinois. She wrote the following:
As a wife of a railroader I feel an area of
what you are classifying as ‘‘fatigue’’ is only
in context of scheduled hours worked.
Identifying the ‘‘fatigue’’ is the issue.
Currently railroad employees are required to
work in conditions that in itself cause
fatigue. Switch men walking miles a day in
-30 [degree] weather, at times in two feet of
snow, in blizzard conditions for 8 hours a
day is detrimental to their health, but with
hours of service laws, employers can force
these men to work in these conditions for 12
hours for 5 days straight. AND they do it. In
opposite conditions 110 degrees and no wind
walking miles a day. I see it every day and
watch my husband struggle to walk, hold his
head up, or even focus on a conversation for
5 minutes without falling asleep, right after
he gets home from work. The cramping he
endures is intense. And now railroad
employees are required to submit all their
time off with no sick days. My husband was
very ill, worked 9 1/2 hours reported he had
to go see a doctor when he was being forced
to continue and upon his return (after he saw
a doctor) was placed on a 30 day suspension
for not completing his job duties. Workers are
in fear of losing their jobs for reporting
fatigue! My husband has been with the
railroad for 17 years. No discipline was in his
file. He is only 42. Currently there is no
regulation to support an employee to say I am
fatigued without persecution and dismissal.
After 8 hours an employee should have a say
especially under the conditions I noted. Not
supporting the ability to have a choice after
8 hours of service is simply stating even the
law could care less about fatigue.

This comment is outside the scope of
the Notice requirements of the 1995
Paperwork Reduction Act (PRA) and

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OMB PRA Implementing Guidance.
However, the issue of fatigue is one that
has been of longstanding concern to
FRA and one that FRA plans to address
by rulemaking in the near future.
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
request (ICR) and the expected burden.
The revised request is being submitted
for clearance by OMB as required by the
PRA.
Title: Hours of Service Regulations.
OMB Control Number: 2130–0005.
Abstract: FRA amended its hours of
service recordkeeping regulations, to
add substantive hours of service
regulations, including maximum onduty periods, minimum off-duty
periods, and other limitations, for train
employees (e.g., locomotive engineers
and conductors) providing commuter
and intercity rail passenger
transportation on August 12, 2011. See
76 FR 50359. The new substantive
regulations require that railroads
employing such train employees
analyze and mitigate the risks for fatigue
in the schedules worked by these train
employees, and that the railroads
submit to FRA for its approval the
relevant schedules and fatigue
mitigation plans. This final rule also
made corresponding changes to FRA’s
hours of service recordkeeping
regulation to require railroads to keep
hours of service records and report
excess service to FRA in an manner
consistent with the new substantive
requirements. This regulation was
authorized by the Rail Safety
Improvement Act (RSIA) of 2008. The
information collected under this rule is
used by FRA and its inspectors to
ensure compliance with the Hours of
Service Laws and the requirements of
this regulation. In particular, the new
information collected as a result of new

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Subpart F is used by FRA to verify that
the employees of covered commuter and
intercity passenger railroads do not
exceed maximum on-duty periods,
abide by minimum off-duty periods, and
adhere to other limitations set forth in
this regulation to enhance rail safety
and reduce the risk of accidents/
incidents caused by train employee
fatigue, as well as those accident/
incidents where fatigue of train
employees served as a contributory
factor.
Type of Request: Extension with
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): FRA F 6180.3.

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Annual Estimated Burden: 3,514,805
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: oira_submissions@
omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are 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 estimates of the burden of

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the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections 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 May 29,
2014.
Erin McCartney,
Acting Chief Financial Officer.
[FR Doc. 2014–12827 Filed 6–2–14; 8:45 am]
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