March 16, 2016, FR Notice

Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
an opportunity to respond shall be given
to a person claiming confidentiality of
information no less than five days prior
to its public disclosure. FRA intends to
address protection of confidential
information by any commission(s)
formed to review submitted proposals
through the commission formation
process. Respondents are welcome to
offer suggestions for managing
confidential data along with their
proposals.
Issued in Washington, DC, on March 9,
2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016–05866 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2016–0002–N–8]

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 December 29, 2015.
DATES: Comments must be submitted on
or before April 15, 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.)

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SUMMARY:

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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), and 1320.12. On December
29, 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
81423. 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: System for Telephonic
Notification of Unsafe Conditions at
Highway-Rail and Pathway Grade
Crossings.
OMB Control Number: 2130–0591.
Abstract: The collection of
information is set forth under 49 CFR
part 234. The rule is intended
specifically to help implement Section
205 of the Rail Safety Improvement Act
of 2008 (RSIA), Public Law 110–432,
Division A, which was enacted on
October 16, 2008. Generally, the rule is
intended to increase safety at highwayrail and pathway grade crossings.
Section 205 of the RSIA mandates that
the Secretary of Transportation require
certain railroad carriers to take a series
of specified actions related to setting up
and using systems by which the public
is able to notify the railroad by toll-free
telephone number of safety problems at
its highway-rail and pathway grade

SUPPLEMENTARY INFORMATION:

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crossings. Such systems are commonly
known as Emergency Notification
Systems (ENS) or ENS programs. 49 CFR
part 234 implements Section 2015 of the
RSIA. The information collected is used
by FRA to ensure that railroad carriers
establish and maintain a toll-free
telephone service to report emergencies
at all public, private, and pedestrian
grade crossings for rights-of-way over
which they dispatch trains.
Type of Request: Extension with
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Responses:
298,245.
Total Annual Estimated Burden:
15,310 hours.
Title: Control of Alcohol and Drug
Use in Railroad Operations: Addition of
Post-Accident Toxicological Testing for
Non-Controlled Substances.
OMB Control Number: 2130–0598.
Abstract: Since 1985, as part of its
accident investigation program, FRA has
conducted post-accident alcohol and
drug tests on railroad employees who
have been involved in serious train
accidents (50 FR 31508, Aug. 2, 1985).
If an accident meets FRA’s criteria for
post-accident testing (see 49 CFR
219.201), FRA conducts tests for alcohol
and for certain drugs classified as
controlled substances under the
Controlled Substances Act (CSA), Title
II of the Comprehensive Drug Abuse
Prevention Substances Act of 1970
(CSA, 21 U.S.C. 801 et seq.). Controlled
substances are drugs or chemicals that
are prohibited or strictly regulated
because of their potential for abuse or
addiction. The Drug Enforcement
Agency (DEA), which is primarily
responsible for enforcing the CSA,
oversees the classification of controlled
substances into five schedules.
Schedule I contains illicit drugs, such as
marijuana and heroin, which have no
legitimate medical use under Federal
law. Currently, FRA routinely conducts
post-accident tests for the following
drugs: Marijuana, cocaine,
phencyclidine (PCP), and certain
opiates, amphetamines, barbiturates,
and benzodiazepines. Controlled
substances are drugs or chemicals that
are prohibited or strictly regulated
because of their potential for abuse or
addiction.
FRA research indicates that
prescription and OTC drug use has
become prevalent among railroad
employees. For this reason, FRA has
added certain non-controlled substances
to its routine post-accident testing
program, which currently routinely tests

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

only for alcohol and controlled
substances. At this time, FRA is adding
two types of non-controlled substances,
tramadol (a synthetic opioid) and
sedating antihistamines. Publication of
the PATT Final Rule, however, in no
way limits FRA’s post-accident testing
to the identified substances or in any
way restricts FRA’s ability to make
routine amendments to its standard
post-accident testing panel without
prior notice. Furthermore, in addition to
its standard post-accident testing panel,
FRA always has the ability to test for
‘‘other impairing substances specified
by FRA as necessary to the particular
accident investigation.’’ See 49 CFR
219.211(a). This flexibility is essential,
since it allows FRA to conduct postaccident tests for any substance (e.g.,
carbon monoxide) that its preliminary
investigation shows may have played a
role in an accident.
FRA uses the additional information
collected for research and accident
investigation purposes. The addition of
non-controlled substances to the postaccident testing panel helps inform FRA
about a broader range of potentially
impairing prescription and OTC drugs
that may be currently contributing to the
cause or severity of train accidents/
incidents. Research generated by these
data will inform future agency policy
decisions regarding these noncontrolled substances.
Type of Request: Extension without
change of a currently approved
information collection.
Form(s): N/A.
Total Annual Estimated Responses:
32.
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

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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 March 11,
2016.
Erin McCartney,
Acting Chief Financial Officer.
[FR Doc. 2016–05924 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2015–0106, Notice 2]

Decision That Nonconforming Model
Year 2008–2010 Alfa Romeo 8C Spider
Passenger Cars Are Eligible for
Importation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:

This document announces a
decision by the National Highway
Traffic Safety Administration that
certain Model Year (MY) 2008–2010
Alfa Romeo 8C Spider passenger cars
(PCs) that were not originally
manufactured to comply with all
applicable Federal Motor Vehicle Safety
Standards (FMVSS) are eligible for
importation into the United States
because the 2008 and 2009 model year
vehicles are substantially similar to
vehicles that were originally
manufactured for importation into and
sale in the United States and certified to
all applicable FMVSS (the U.S-certified
version of the 2008–2009 Alfa Romeo
8C Spider PCs), and, in the case of the
2010 model year vehicles, because those
vehicles have safety features that
comply with, or are capable of being
altered to comply with, all applicable
FMVSS.
DATES: This decision became effective
on March 10, 2016.
ADDRESSES: For further information
contact George Stevens, Office of
Vehicle Safety Compliance, NHTSA
(202–366–5308).
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
admission into the United States unless

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NHTSA has decided that the motor
vehicle is substantially similar to a
motor vehicle originally manufactured
for importation into and sale in the
United States, certified under 49 U.S.C.
30115, and of the same model year as
the model of the motor vehicle to be
compared, and is capable of being
readily altered to conform to all
applicable FMVSS.
Under 49 U.S.C 30141(a)(1)(B), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided its safety features
comply with, or are capable of being
altered to comply with, all applicable
FMVSS based on destructive test data or
such other evidence that NHTSA
decides to be adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
Wallace Environmental Testing
Laboratories (WETL), Inc. of Houston,
Texas (Registered Importer R–90–005),
petitioned NHTSA to decide whether
MY 2008–2010 Alfa Romeo 8C Spider
PCs are eligible for importation into the
United States. NHTSA published a
notice of the petition on January 22,
2016 (81 FR 3859) to afford an
opportunity for public comment. No
comments were received in response to
this notice. The reader is referred to the
notice for a thorough description of the
petition.
NHTSA Conclusions
In its petition, WETL noted that the
original manufacturer, Alfa Romeo,
certified the MY 2008 and 2009 8C
Spider PCs to all applicable FMVSS and
offered those vehicles for sale in the
United States. WETL also contends that
the non-U.S certified MY 2010 Alfa
Romeo 8C Spider PC shares the same
platform with the U.S.-certified MY
2008 and 2009 Alfa Romeo 8C Spider
PC, and on that basis compares the nonU.S. certified model to those vehicles to
establish its conformity with many
applicable FMVSS. Because there is no
U.S.-certified counterpart for the MY
2010 Alfa Romeo 8C Spider PC, the

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