October 30, 2018, FR Notice (30-Day)

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Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices
interstate commerce. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on
medical reports about the applicants’
vision as well as their driving records
and experience driving with the vision
deficiency. The qualifications,
experience, and medical condition of
each applicant were stated and
discussed in detail in the July 17, 2018,
Federal Register notice (83 FR 33292)
and will not be repeated in this notice.
FMCSA recognizes that some drivers
do not meet the vision requirement but
have adapted their driving to
accommodate their limitation and
demonstrated their ability to drive
safely. The 13 exemption applicants
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including amblyopia, complete
loss of vision, corneal scar, irregularly
shaped pupil, macular myelinated nerve
fibers, macular scar, optic nerve
damage, posterior staphyloma,
prosthetic eye, and retinal detachment.
In most cases, their eye conditions were
not recently developed. Nine of the
applicants were either born with their
vision impairments or have had them
since childhood. The four individuals
that sustained their vision conditions as
adults have had it for a range of 6 to 18
years. Although each applicant has one
eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
State licensing requirements, the
applicants demonstrated their ability to
operate a CMV, with their limited vision
in intrastate commerce, even though
their vision disqualified them from
driving in interstate commerce. We
believe that the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between

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them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions.
The applicants in this notice have
driven CMVs with their limited vision
in careers ranging for 4 to 78 years. In
the past three years, no drivers were
involved in crashes, and one driver was
convicted of a moving violation in a
CMV. All the applicants achieved a
record of safety while driving with their
vision impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
Consequently, FMCSA finds that in
each case exempting these applicants
from the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must be physically examined
every year (a) by an ophthalmologist or
optometrist who attests that the vision
in the better eye continues to meet the
standard in 49 CFR 391.41(b)(10) and (b)
by a certified Medical Examiner who
attests that the individual is otherwise
physically qualified under 49 CFR
391.41; (2) each driver must 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) each
driver must 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
self-employed. The driver must also
have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 13
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, 49 CFR

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391.41(b)(10), subject to the
requirements cited above:
Ronald D. Blakely (MI)
Homero Dominguez (TX)
Larry L. George (LA)
Jason C. Hetrick (PA)
Michael A. Hildebrand (PA)
Junior M. Isenberg (KY)
David G. Livingston (VT)
Joseph P. Markley (PA)
Derek L. Redford (ID)
David Tavarez (NJ)
William B. Van Drielen (NV)
Willie R. White, Jr. (NV)
Curtis C. Williams (MO)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for two years from the effective date
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: October 24, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–23706 Filed 10–29–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2018–0008–N–10]

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

Under the Paperwork
Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the
Information Collection Requests (ICRs)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICRs describe
the information collections and their
expected burden. On August 1, 2018,
FRA published a notice providing a 60day period for public comment on the
ICRs.
DATES: Interested persons are invited to
submit comments on or before
November 29, 2018.
ADDRESSES: Submit written comments
on the ICRs to the Office of Information
SUMMARY:

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Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices

and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503,
Attention: FRA Desk Officer. Comments
may also be sent via email to OMB at
the following address: oira_
[email protected].
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W33–497,
Washington, DC 20590 (telephone: (202)
493–6292); or Ms. Kim Toone,
Information Collection Clearance
Officer, Office of Administration, Office
of Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W34–212,
Washington, DC 20590 (telephone: (202)
493–6132).
SUPPLEMENTARY INFORMATION: The PRA,
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.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On August 1, 2018,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICRs for which it is now seeking
OMB approval. See 83 FR 37606. 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. 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 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.
Comments are invited on the
following ICRs regarding: (1) Whether
the information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information will have practical utility;
(2) 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; (3) ways for

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FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways to minimize the
burden of information collection
activities on the public, including the
use of automated collection techniques
or other forms of information
technology.
The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: Railroad Locomotive Safety
Standards and Event Recorders.
OMB Control Number: 2130–0004.
Abstract: The Locomotive Safety
Standards at 49 CFR part 229 require
railroads to inspect, repair, and
maintain locomotives, including their
event recorders, to ensure they are safe
and free of defects. Crashworthy
locomotive event recorders provide FRA
with verifiable factual information about
how trains are operated. These devices
are used by FRA and State inspectors for
part 229 rule enforcement. The
information garnered from crashworthy
event recorders is used by railroads to
monitor railroad operations and by
railroad employees (locomotive
engineers, train crews, dispatchers) to
improve train handling, and promote
the safe and efficient operation of trains
throughout the country, based on a surer
knowledge of different control inputs.
Type of Request: Extension with
change of a current information
collection.
Affected Public: Businesses
(railroads).
Form(s): FRA F 6180.49A.
Respondent Universe: 741 Railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
7,509,648.
Total Estimated Annual Burden:
3,815,751 hours.
Title: Railroad Signal System
Requirements.
OMB Control Number: 2130–0006.
Abstract: The regulations pertaining
to railroad signal systems are contained
in 49 CFR parts 233 (Signal System
Reporting Requirements), 235
(Instructions Governing Applications for
Approval of a Discontinuance or
Material Modification of a Signal
System), and 236 (Rules, Standards, and
Instructions Governing the Installation,
Inspection, Maintenance, and Repair of
Signal and Train Control Systems,
Devices, and Appliances). Section 233.5
provides that each railroad must report
to FRA within 24 hours after learning of
an accident or incident arising from
signal failure (e.g., failure of a signal
appliance, device, method or system to
function or indicate as required by 49

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CFR part 236 that results in a more
favorable aspect than intended) or other
condition hazardous to the movement of
a train. Section 233.7 provides that each
railroad must report signal failures
within 15 days in accordance with the
instructions printed on Form FRA F
6180.14.
Title 49 CFR part 235 sets forth the
specific conditions under which FRA
will approve the modification or
discontinuance of railroad signal
systems. These regulations also describe
the process that should be followed by
a railroad to seek such an approval. The
application process prescribed under 49
CFR part 235 enables FRA to obtain the
necessary information to make logical
and informed decisions concerning
railroad requests to modify or
discontinue signaling systems. Section
235.5 requires railroads to apply for
FRA approval to discontinue or
materially modify railroad signal
systems. However, section 235.7 cites
signal system changes that do not
require FRA approval such as removal
of an interlocking where a drawbridge
has been permanently closed by the
formal approval of another
governmental agency. Section 235.8
allows railroads to seek relief from the
requirements in 49 CFR part 236.
Sections 235.10, 235.12, and 235.13
explain where the application must be
submitted, what information must be
included, what the format should be,
and who is authorized to sign the
application. FRA provides public notice
concerning applications for relief and
allows individuals and organizations to
protest the granting of an application for
relief. Section 235.20 describes the
protest process, including essential
information that must accompany the
protest, the address for filing the protest,
the time limit for filing the protest, and
the requirement that a person requesting
a public hearing explain why written
statements cannot be used to explain his
or her position.
Title 49 CFR part 236 contains FRA’s
signal system requirements. Section
236.110 requires that the results of
signal system tests required under
§§ 236.102 through 236.109; 236.376
through 236.387; 236.576 and 236.577;
and 236.586 through 236.589 be
recorded on pre-printed forms provided
by the railroad or by electronic means,
subject to FRA approval. These forms
show the name of the railroad, place
and date of the test conducted, type of
equipment tested, and results of the test.
They also describe any repairs,
replacements, and adjustments
performed on the equipment that has
been tested, and the condition in which
the equipment was left. This section

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also requires that the employee
conducting the test must sign the form
and that the record be retained at the
office of the supervisory official. Test
results made in compliance with
§ 236.587 must be retained for 92 days.
The results of all other tests required
under §§ 236.102 through 109; 236.376
through 236.387; 236.576 and 236.577;
and 236.586 through 236.589, including
results of periodic tests, must be
retained until the next record is filed,
but no less than one year. Additionally,
§ 236.587 requires each railroad to make
a departure test of the cab signal,
automatic train stop, or train control
devices on locomotives prior to a
locomotive entering equipped territory.
This section further requires that
whoever performs the departure test
must certify in writing that the test was
properly performed. The certification
and test results must be posted in the
locomotive cab with a copy of the
certification and test results retained at
the office of the supervisory official.
However, if it is impractical to leave a
copy of the certification and test results
at the location where the test is
conducted, then the test results must be
transmitted to either the dispatcher or
another designated official who must
keep a written record of the test results
and the name of the person performing
the test. All records prepared under this
section are required to be retained for 92
days. Finally, § 236.590 requires
railroads to clean and inspect the
pneumatic apparatus of automatic train
stop, train control, or cab signal devices
on locomotives as required by
§ 229.29(a).
Type of Request: Extension with
change of a currently approved
information collection.
Affected Public: Businesses.
Form(s): FRA F 6180.14.
Respondent Universe: 741 Railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
1,673,437.
Total Estimated Annual Burden:
444,820 hours.
Title: Inspection Brake System Safety
Standards for Freight and Other NonPassenger Trains and Equipment (Power
Brakes).
OMB Control Number: 2130–0008.
Abstract: Recognizing the importance
of upgrading rail technologies, Congress
in 1980 passed the Rock Island Railroad
Transition and Employee Assistance Act
(the ‘‘Rock Island Act’’), which, inter
alia, provides statutory relief for the
implementation of new technologies.
More specifically, when certain
statutory requirements preclude the

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development or implementation of more
efficient railroad transportation
equipment or other transportation
innovations, the applicable section of
the Rock Island Act, currently codified
at 49 U.S.C. 20306, provides the
Secretary of Transportation with the
authority to grant an exemption to those
requirements based on evidence
received and findings developed at a
hearing. In accordance with that statute,
FRA held a public hearing and invoked
its discretionary authority under 49
U.S.C. 20306 to provide a limited
exemption from 49 U.S.C. 20303 for
freight trains and freight cars operating
with electronically controlled
pneumatic (ECP) brake systems. In
doing so, FRA revised the regulations
governing freight power brakes and
equipment in October 2008 by adding a
new subpart G. The revisions are
designed to provide for and encourage
the safe implementation and use of ECP
brake system technologies. These
revisions contain specific requirements
on the design, interoperability, training,
inspection, testing, handling of
defective equipment, and periodic
maintenance related to ECP brake
systems. The final rule also provides
flexibility to facilitate the voluntary
adoption of this advanced brake system
technology. The collection of
information is used by FRA to monitor
and enforce regulatory requirements
related to power brakes on freight cars,
including the requirements related to
ECP brake systems. The collection of
information is also used by locomotive
engineers and road crews to verify that
the terminal air brake test has been
performed in a satisfactory manner.
Type of Request: Extension with
change of a currently approved
information collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 741 Railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
30,518,808.
Total Estimated Annual Burden:
1,045,478 hours.
Under 44 U.S.C. 3507(a) and 5 CFR
1320.5(b) and 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.
Juan D. Reyes III,
Chief Counsel.
[FR Doc. 2018–23586 Filed 10–29–18; 8:45 am]
BILLING CODE 4910–06–P

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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2018–0158]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
YEMAYA; Invitation for Public
Comments
Maritime Administration, DOT.
Notice.

AGENCY:
ACTION:

The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirements of the coastwise
trade laws to allow the carriage of no
more than twelve passengers for hire on
vessels, which are three years old or
more. A request for such a waiver has
been received by MARAD. The vessel,
and a brief description of the proposed
service, is listed below.
DATES: Submit comments on or before
November 29, 2018.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2018–0158 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Search
MARAD–2018–2018–0158 and follow
the instructions for submitting
comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2018–0158,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
Note: If you mail or hand-deliver your
comments, we recommend that you
include your name and a mailing
address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
Transportation, Maritime
SUMMARY:

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