August 12, 2015, FR Notice (30-Day)

Aug. 12, 2015, FR Notice (30-Day).pdf

Accident/Incident Reporting and Recordkeeping

August 12, 2015, FR Notice (30-Day)

OMB: 2130-0500

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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
drivers who participated in the
Agency’s vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement 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
provide 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, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
FMCSA received no comments in this
proceeding.

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IV. Conclusion
Based upon its evaluation of the 23
exemption applications, FMCSA
exempts the following drivers from the
vision requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)):
Michael J. Altobelli (CT)
Johnny A. Bingham (NC)
Robert A. Buckley (IN)
Allen E. Clark (NY)
Don A. Clymer (PA)
Bryan K. Dalton (NC)
Joseph B. Fry (KS)
David B. Ginther (PA)
Dominic F. Giordano (CT)
Thomas E. Groves (WV)
Jose J. Guzman-Olguin (IL)
Stephen T. Hines (NJ)
James J. Keranen (MI)
Wesley S. Kilpatrick (OK)
Herbert S. Lear (PA)
Christopher V. May (GA)
Nathan C. Nissen (IA)
Jeffery Reed (KY)
Gregory S. Richter, Sr. (PA)
David J. Rotenberger (ND)
George Tomecek, Jr. (PA)
Richard G. Vaughn (NC)
Paul C. Weiss (PA)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with

18:16 Aug 11, 2015

Issued on: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–19782 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2015–0007–N–20]

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

V. Discussion of Comments

VerDate Sep<11>2014

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 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.

Jkt 235001

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that FRA is
forwarding the modified Information
Collection Request (ICR) abstracted
below 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 collection of
information was published on April 24,
2015 (80 FR 23069).
DATES: Comments must be submitted on
or before September 11, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Safety Regulatory
Analysis Division, RRS–21, U.S.
Department of Transportation, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590 (Telephone:
(202) 493–6292), or Ms. Kebo Chen,
Staff Director, Railroad Safety
Information Management Division,
RRS–22, U.S. Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 25, Washington, DC
20590 (Telephone: (202) 493–6079).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
SUMMARY:

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48415

(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), and 1320.12. On April 24,
2015, FRA published a 60-day notice in
the Federal Register soliciting comment
on an ICR that the agency is seeking
OMB approval. See 80 FR 23069. In its
ICR, FRA proposed to utilize Form FRA
6180.54’s Special Study Block 49b (SSB)
to collect specific information
concerning rail cars carrying petroleum
crude oil (crude oil) in trains involved
in FRA reportable accidents.
FRA received two comments in
response to the notice, from the U.S.
Department of Commerce’s Bureau of
Economic Analysis (BEA) and an article
titled ‘‘DOT Takes Additional Actions
on Crude Oil Trains—Incident Report
ICR,’’ originally posted on the blog
Chemical Facility Security News by
Peter Coyle on April 20, 2015. The
substance of both comments, along with
FRA’s responses to those comments is
discussed below. You may also review
the full text of the comments online at
www.regulations.gov in docket number
FRA–2015–0007.
BEA’s comment generally expresses
support for the information collection
activities associated with FRA’s
accident/incident reporting regulations,
and references specific FRA forms that
the BEA uses in its analysis that are
different than the form this ICR covers.
FRA appreciates BEA’s comment, but
notes that the comment relates to FRA
forms that are outside the scope of this
ICR. This ICR is limited to modifying
the existing instructions on Form FRA
F 6180.54 titled ‘‘Rail Equipment
Accident/Incident Report’’ and does not
impact FRA’s information collection
activities under other FRA accident/
incident reporting forms.
In his comment, Mr. Coyle asserts that
FRA’s proposed collection of
information related to crude oil train
accidents is of limited usefulness and
‘‘will provide almost nothing in the way
of information that can be used for
analytical purposes.’’ Mr. Coyle suggests
that FRA design a new report
‘‘specifically for rail accidents and
incidents involving damaged and
leaking rail cars containing crude oil.’’
Mr. Coyle also asserts that combining
the number of cars loaded with crude
oil and crude oil residue cars in the data
collection will ‘‘about double the
number of cars involved in accidents
and damaged in accidents since most

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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

railcars in crude oil service are not
cleaned before being returned for
refilling.’’ Further, Mr. Coyle asserts that
‘‘since there is no effort being made to
determine what types of tank cars are
actually in use and the rate of failure
(measured by leaks) for each type of
tank car, the FRA will not be able to
adequately describe how the continuing
change of the makeup of the crude oil
tank car fleet will affect the failure rate
of the fleet.’’
In response to Mr. Coyle’s concern
that the proposed information collection
will not provide useful information for
analytical purposes, FRA acknowledges
that the proposed modifications will not
capture all information about an
accident that FRA needs to fully analyze
an accident. FRA believes these simple
modifications will, however, make this
data more readily accessible to FRA and
help to capture more specific
information on the behavior of tank cars
transporting crude oil in accident
conditions. As Mr. Coyle suggests FRA
should do, FRA intends to continue
considering other options for gathering
additional information concerning rail
cars carrying crude oil (and other
hazardous materials) involved in
reportable accidents. However,
implementation of any significant
changes by FRA (such as the
development of a new form) will
necessitate a notice and comment
rulemaking, a time consuming process.
FRA does not want to wait for the
completion of a rulemaking proceeding
to begin making changes to improve the
existing data collection. FRA believes
that utilizing the existing SSB in the
short term is the most efficient and
expeditious method of improving FRA’s
information collection activity. FRA
will, however, continue to evaluate
additional, more comprehensive,
methods of improving the agency’s
overall information collection activities
related to the transportation of
hazardous materials by railroad.
In response to Mr. Coyle’s assertion
that combining the number of cars
loaded with crude oil and crude oil
residue cars in the data collection will
double the number of cars reported to be
in accidents and damaged in accidents,
FRA notes that residue cars, including
cars carrying residue amounts of crude
oil, are already included in the counts
of all hazardous materials cars in blocks
8, 9, and 10 of FRA Form 6180.54.
These current counts will not change as
a result of the additional information
collection in the SSB of Form FRA F
6180.54. Thus, FRA believes Mr. Coyle’s
assertion is incorrect.
Finally, Mr. Coyle asserts that ‘‘since
there is no effort being made to

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18:16 Aug 11, 2015

Jkt 235001

determine what types of tank cars are
actually in use and the rate of failure
(measured by leaks) for each type of
tank car, the FRA will not be able to
adequately describe how the continuing
change of the makeup of the crude oil
tank car fleet will affect the failure rate
of the fleet.’’ However, FRA again notes
that the agency intends for the SSB as
described in FRA’s April 24, 2015
notice to be a short term method of
obtaining some additional information
on the number and behavior of tank cars
transporting crude oil involved in FRA
reportable accidents. FRA will continue
to evaluate whether it needs more data
as part of a comprehensive, long-term
improvement in its information
collection activities for the rail
transportation of crude oil and the rail
transportation of hazardous materials in
general.
FRA received no other comments.
After careful consideration of each of
the comments discussed above, FRA
reevaluated and certified this
information collection activity under 5
CFR 1320.5(a), and is now forwarding
this ICR to OMB for review and
approval under 5 CFR 1320.12(c).
Before OMB decides whether to
approve this proposed collection 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 ICR and the expected
burden. FRA is submitting the proposed
revisions to OMB for clearance as the
PRA requires.
Title: Accident Incident Reporting
and Recordkeeping.
OMB Control Number: 2130–0500.
Abstract: The collection of
information arises from FRA’s accident
reporting regulations set forth in 49 CFR
part 225. Part 225 requires railroads to
submit monthly reports summarizing
collisions, derailments, and certain
other accidents/incidents involving
damages above a certain dollar
threshold, as well as certain injuries to

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passengers, employees, and other
persons on railroad property (including
those which are railroad work-related).
Because the reporting requirements and
information needed regarding each
category are unique, a different form is
used for each category. FRA is
modifying the instructions for one of the
three referenced agency forms to request
that the SSB of Form FRA F 6180.54 be
used to capture (with coded letters)
information pertaining to accidents that
involve rail cars transporting crude oil.
Type of Request: Revision of a
Currently Approved Information
Collection.
Affected Public: Businesses
(Railroads).
Form(s): FRA F 6180.54.
Annual Estimated Burden: 39,058
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
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 estimates 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 August 6,
2015.
Patrick Warren,
Deputy Associate Administrator for Safety
Compliance and Program Implementation.
[FR Doc. 2015–19751 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–06–P

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