Jan. 13, 2016, Federal Register Notice (30-Day)

Jan. 13, 2016, FR Notice (30-Day).pdf

Disqualification Proceedings

Jan. 13, 2016, Federal Register Notice (30-Day)

OMB: 2130-0529

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Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices

Issued in Washington, DC, on January 7,
2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption
Docket No.: FAA–2014–0908
Petitioner: SkyPhilly, Inc.
Section(s) of 14 CFR Affected: part 21;
91.113; 91.119(c); 91.151; 91.209;
91.405(a) and (b); 91.407(a)(1);
91.409(a)(1) and (2); and 91.417(a).
Description of Relief Sought:
SkyPhilly, Inc. petitions to operate a
small unmanned aircraft system (UAS)
to perform roof inspections at night.
[FR Doc. 2016–00523 Filed 1–12–16; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2008–0134]

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Petition for Waiver of Compliance
In accordance with part 211 of title 49
Code of Federal Regulations (CFR), this
document provides the public notice
that by a document dated December 7,
2015, the Southern California Regional
Rail Authority (SCRRA) has petitioned
the Federal Railroad Administration
(FRA) for a modification to the
conditions of the waiver granting relief
from certain provisions of 49 CFR part
236, Rules, Standards, and Instructions
Governing the Installation, Inspection,
Maintenance, and Repair of Signal and
Train Control Systems, Devices, and
Appliances, in Docket Number FRA–
2008–0134.
FRA granted relief to SCRRA in a
January 9, 2009, decision letter which
delineated certain conditions for the
waiver. This request is for the
modification of the condition requiring
that all passenger trains be equipped to
respond to the intermittent inert
Automatic Train Stop (ATS) in
accordance with 49 CFR 236.566,
Locomotive of each train operating in
train stop, train control or cab signal
territory; equipped.
SCRRA plans to lease a maximum of
40 freight locomotives from BNSF
Railway (BNSF) which are not equipped
with ATS for a period not to exceed 1
year. SCRRA operates in a push-pull
mode and plans to use the GE
AC4400CW leased locomotives as
buffers in front of the cab cars. SCRRA
is taking this step due to a fleet-wide
safety issue identified with the cab cars
after a collision and derailment. During
the next year, each cab car will be
evaluated and modified as necessary
before being placed in the lead position

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of any consist. SCRRA currently
operates all revenue trains with the
Interoperable Electronic Train
Management System (I–ETMS) on all
subdivisions owned and dispatched by
SCRRA. The locomotives leased to
SCRRA from BNSF are equipped with
fully functional I–ETMS which was
tested and found to be compatible with
the SCRRA I–ETMS, as well as SCRRA
rail equipment.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by
February 12, 2016 will be considered by
FRA before final action is taken.
Comments received after that date will
be considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT
solicits comments from the public to
better inform its processes. DOT posts
these comments, without edit, including

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any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. See also http://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2016–00525 Filed 1–12–16; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2016–0002–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, this
notice announces that the renewal
Information Collection Requests (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 October 19, 2015.
DATES: Comments must be submitted on
or before February 12, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Safety,
Safety Regulatory Analysis 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, Information
Collection Clearance Officer, Office of
Administration, 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 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
SUMMARY:

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Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices
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 October
19, 2015, FRA published a 60-day notice
in the Federal Register soliciting
comment on ICRs that the agency is
seeking OMB approval. See 80 FR
63272. 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
requests (ICRs) and their expected
burdens. The renewal requests are being
submitted for clearance by OMB as
required by the PRA.
Title: Secretary of Transportation
Emergency Order Docket No. DOT–
OST–2014–0067.
OMB Control Number: 2130–0604.
Abstract: As noted in the summary
above, on May 7, 2014, the Secretary of
Transportation issued Emergency Order
(EO) Docket No. DOT–OST–2014–0067
requiring affected railroad carriers to
provide certain information to the State
Emergency Response Commissions
(SERCs) for each State in which their
trains carrying 1 million gallons or more
of Bakken crude oil travel. This EO is
available through the Department’s
public docket system at
www.regulations.gov, under Docket No.
DOT–OST–2014–0067. The EO took
effect immediately upon issuance,
although affected railroads were
permitted 30 days to provide the
required information to the SERCs. The
EO is the Department’s direct and
proactive response to a recent series of
train accidents involving the
transportation of petroleum crude oil, a
hazardous material the transportation of
which is regulated by the Department.

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The most recent accident occurred on
April 30, 2014, when a train
transporting petroleum crude oil
derailed in Lynchburg, Virginia and
released approximately 30,000 gallons
of its contents into the James River.
Further, the EO explains that, with the
rising demand for rail transportation of
petroleum crude oil throughout the
United States, the risk of rail incidents
has increased commensurate with the
increase in the volume of the material
shipped and that there have been
several significant derailments in both
the U.S. and Canada over the last
several months causing deaths and
property and environmental damage
that involved petroleum crude oil. DOT
emergency orders are rare and the EO
itself describes the most recent
accidents and circumstances leading the
agency to issue the EO. The collection
of information included under this EO
is aimed at ensuring that railroads that
transport in a single train a large
quantity of petroleum crude oil (1
million gallons or more), particularly
crude oil from the Bakken shale
formation in the Williston Basin,
provide certain information to the
relevant SERCs in each State in which
the railroad operates such trains.
Ensuring that railroads provide this
information to SERCs is critical to
ensuring that local and State emergency
responders are aware of the large
quantities of crude oil that are being
transported through their jurisdictions
and are prepared to respond to
accidents involving such trains should
they occur.
Type of Request: Extension without
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Responses:
229.
Total Annual Estimated Burden:
3,773 hours.
Title: Ballast Defects and
Conditions—Importance of
Identification and Repair in Preventing
Development of Unsafe Combinations of
Track Conditions.
OMB Control Number: 2130–0614.
Abstract: FRA issued Safety Advisory
2015–04 on August 20, 2015, to
emphasize the importance of timely
repairing ballast defects and conditions
on main tracks. FRA published Safety
Advisory 2015–04 in the Federal
Register on August 26, 2015. See 80 FR
51868. In the Safety Advisory, FRA
noted that ballast defects and ballast
conditions that are not repaired in a
timely manner can lead to future
defects. FRA believes it is important for

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track inspectors to be aware that ballast
defects and conditions can cause track
components to deteriorate rapidly and
compromise the stability of the track
structure, and that inspectors are trained
to identify and repair ballast defects and
conditions. This safety advisory
recommends that track owners and
railroads: (1) Assess current engineering
instructions on ballast safety and update
them to provide specific guidance to
track inspectors (designated personnel
that are qualified to inspect and repair
track) on how to identify and initiate
remedial action under 49 CFR
213.233(d) for ballast defects and
conditions, as well as on the appropriate
remedial action to implement,
particularly in areas with one or more
additional track conditions; (2) train
track inspectors on the updated
engineering instructions and this safety
advisory to ensure they understand how
to identify and initiate remedial action
for ballast defects and conditions in a
timely manner, and understand the
importance of such remedial action in
preventing the development of unsafe
combinations of track conditions; and
(3) ensure that supervisors provide
adequate oversight of track inspectors to
achieve identification and remediation
of ballast defects and other track
conditions.
FRA is seeking regular Clearance of
this information collection request that
was previously approved under
Emergency Processing procedures on
September 9, 2015.
Type of Request: Extension without
change of a currently approved
information collection.
Form(s): N/A.
Total Annual Estimated Responses:
10,200.
Total Annual Estimated Burden:
10,200 hours.
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

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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
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.
Type of Request: Extension without
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Responses: 3.
Total Annual Estimated Burden: 5
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
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 January 7,
2016.
Corey Hill,
Acting Executive Director.
[FR Doc. 2016–00491 Filed 1–12–16; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0143; Notice 2]

General Motors LLC (GM), Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
AGENCY:

General Motors LLC (GM) has
determined that certain model year
(MY) 2010–2014 Cadillac SRX
multipurpose passenger vehicles
(MPVs) do not fully comply with
paragraphs S4.4.1(a) and S4.4.2(a) of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 110, Tire selection and
rims and motor home/recreation vehicle
trailer load carrying capacity
information for motor vehicles with a
GVWR of 4,536 kilograms (10,000
pounds) or less. GM filed a report dated
November 27, 2013 pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. GM then
petitioned NHTSA in accordance with
49 CFR part 556 requesting a decision
that the subject noncompliance is
inconsequential to motor vehicle safety.
ADDRESSES: For further information on
this decision contact Amina Fisher,
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5307, facsimile (202) 366–
5930.
SUMMARY:

SUPPLEMENTARY INFORMATION:

I. GM’s Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) and the rule
implementing those provisions at 49
CFR part 556, GM submitted a petition
dated December 5, 2013, for an
exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
Notice of receipt of GM’s petition was
published, with a 30-Day public
comment period, on June 6, 2014 in the
Federal Register (79 FR 32813). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: http://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2013–
0143.’’
II. Vehicles Involved: Affected are
approximately 51,704 MY 2010–2014
GM Cadillac SRX MPVs manufactured

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between June 18, 2009, and October 31,
2013.
III. Noncompliance: GM explains that
the affected vehicles were offered for
sale with spare tires whose rims were
marked with a ‘‘T’’ to indicate the
source of the rim’s published nominal
dimensions as the Tire and Rim
Association, rather than the correct ‘‘E’’
to indicate the European Tyre and Rim
Technical Organization (ETRTO).
Additionally, the ETRTO does not
identify the 18 inch rim utilized as a
suitable match for the T135/70R18 spare
tire. Since all vehicles sold in the U.S.
must be marked with a reference
designation that indicates the source of
the rim’s published nominal
dimensions, and the indicated source
must list suitable rim sizes for each tire
size listed, these vehicles fail to fully
meet the requirements set forth in
paragraph S4.4.1(a) and S4.4.2(a) of
FMVSS No. 110.
IV. Rule Text: Paragraph S4.4 of
FMVSS No. 110 requires in pertinent
part:
. . .
S4.4.1 Requirements. Each rim shall:
(a) Be constructed to the dimensions of a
rim that is listed by the manufacturer of the
tires as suitable for use with those tires, in
accordance with S4 of § 571.139.
. . .
S4.4.2 Rim markings for vehicles other
than passenger cars. Each rim or, at the
option of the manufacturer in the case of a
single-piece wheel, each wheel dish shall be
marked with the information listed in S4.4.2
(a) through (e) . . .
(a) A designation that indicates the source
of the rim’s published nominal dimensions,
as follows:
(1) ‘‘T’’ indicates The Tire and Rim
Association.
(2) ‘‘E’’ indicates The European Tyre and
Rim Technical Organization.

. . .
V. Summary of GM’s Analyses: GM
stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. The tire and rim of the affected
spare wheels are properly matched and
are appropriate for the load-carrying
characteristics of the subject vehicles.
2. The incorrect reference document
marking has no effect on the
performance of the tire/rim
combination.
3. The subject tire/rim assembly meets
the S4.4.1(b) rapid air loss requirement
for FMVSS No. 110. The subject
vehicles also meet GM’s internal ride
and handling guidelines with the
subject spare tire/rim assembly
installed.
4. All other rim marking information
required by S4.4.2 of FMVSS No. 110 on

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