State Safety Participation Regulations (60-Day Notice)

November 14, 2018, FR Notice (60-Day).pdf

State Safety Participation Regulations and Remedial Actions

State Safety Participation Regulations (60-Day Notice)

OMB: 2130-0509

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
John A. Valusek (ND)
Owen W. Witmer (PA)

DEPARTMENT OF TRANSPORTATION

The following eight applicants did not
have three years of recent experience
driving a CMV on public highways with
their vision deficiencies:
Monte L. Albrecht (CO)
Gary J. Bouchard (ME)
Henry Darden (MD)
Mark P. Gilbert (MT)
Charles W. McClister (PA)
Jason J. Oaks (SD)
James L. Ross (TX)
Mark J. Simmer (MA)
The following five applicants did not
have sufficient driving experience over
the past three years under normal
highway operating conditions (gaps in
driving record):
Robert J. Campbell (ND)
Timothy V. Compton (CA)
Jordan D. Mahoney (MN)
Gale L. O’Neil (PA)
Gary Peach (IN)
The following applicant, Christopher
T. Sides (ME), contributed to accident(s)
in which the applicant was operating a
CMV, which is a disqualifying offense.
The following applicant, Keith
Hauenstein (PA), did not have an
optometrist or ophthalmologist willing
to make a statement that they are able
to operate a commercial vehicle from a
vision standpoint.
The following seven applicants were
denied for multiple reasons:
McVay Chambers (LA)
Narciso L. Ferreira (ID)
Nicholas Piscitelli (NJ)
Louis J. Scheele (IN)
Terry A. Smith (IA)
James H. Ward (NC)
Dana J. York (PA)
The following two applicants have
not had stable vision for the preceding
three-year period:
Plynie A. Deen (GA); and Bret A.
Herbolsheimer (WA)
The following three applicants drove
interstate while restricted to intrastate
driving:
Raul Alcalde (CA); Joseph N. Fulton
(SC); and Heriberto R. Perez (TX)
Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–24849 Filed 11–13–18; 8:45 am]
BILLING CODE 4910–EX–P

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Federal Railroad Administration
[Docket Number FRA–2018–0094]

Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of Title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides
the public notice that on October 31,
2018, Canadian National Railway
Company (CN) petitioned the Federal
Railroad Administration (FRA) seeking
approval to discontinue or modify a
signal system. FRA assigned the petition
Docket Number FRA–2018–0094.
Applicant: Canadian National Railway
Company, Mr. Tom Hilliard, Assistant
Chief S&C—Southern Region, 17641 S
Ashland Avenue, Homewood, IL
60430.
The U.S.-based operating railroad
subsidiary of CN, Illinois Central
Railroad Company requests approval to
permanently remove the Automatic
Block Signal (ABS) system between
Mile Post (MP) 725.9 on the Canton
Subdivision and MP 728.6 on the
McComb Subdivision, located near
Jackson, Mississippi.
CN states the reason for the proposed
change is that the track connection with
Yazoo and McComb Subdivisions has
been retired so the Canton Subdivision
does not connect with Yazoo
Subdivision or McComb Subdivision at
this location. This makes the ABS
system unnecessary for a stub track.
Operation over this territory will be
conducted using Yard Limit United
States Operating Rule requirements.
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 parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.

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All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: 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
December 31, 2018 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable.
Anyone can 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
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.
Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2018–24826 Filed 11–13–18; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2018–0008–N–9]

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

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection

SUMMARY:

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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

Requests (ICRs) abstracted below. Before
submitting these ICRs to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified below.
Interested persons are invited to
submit comments on or before January
14, 2019.

DATES:

Submit written comments
on the ICRs activities by mail to either:
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; or Ms. Kim
Toone, Information Collection Clearance
Officer, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W34–212,
Washington, DC 20590. Commenters
requesting FRA to acknowledge receipt
of their respective comments must
include a self-addressed stamped
postcard stating, ‘‘Comments on OMB
Control Number 2130–XXXX,’’ (the
relevant OMB control number for each
ICR is listed below) and should also
include the title of the ICR.
Alternatively, comments may be faxed
to (202) 493–6216 or (202) 493–6497, or
emailed to Mr. Brogan at
[email protected], or Ms. Toone at
[email protected]. Please refer to the
assigned OMB control number in any
correspondence submitted. FRA will
summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.

ADDRESSES:

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 Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W34–212,
Washington, DC 20590 (telephone: (202)
493–6132).

FOR FURTHER INFORMATION CONTACT:

The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days’ notice to the public to
allow comment on information
collection activities before seeking OMB
approval of the activities. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through
1320.12. Specifically, FRA invites
interested parties to comment on the
following ICRs regarding: (1) Whether
the information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities 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
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways for FRA to
minimize the burden of information
collection activities on the public,
including the use of automated
collection techniques or other forms of

SUPPLEMENTARY INFORMATION:

information technology. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1).
FRA believes that soliciting public
comment may reduce the administrative
and paperwork burdens associated with
the collection of information that
Federal regulations require. In
summary, FRA reasons that comments
received will advance three objectives:
(1) Reduce reporting burdens; (2)
organize information collection
requirements in a ‘‘user-friendly’’ format
to improve the use of such information;
and (3) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: State Safety Participation
Regulations and Reporting of Remedial
Actions.
OMB Control Number: 2130–0509.
Abstract: The collection of
information is set forth under 49 CFR
part 212, and requires qualified state
inspectors to provide various reports to
FRA for monitoring and enforcement
purposes concerning state investigative,
inspection, and surveillance activities
regarding railroad compliance with
Federal railroad safety laws and
regulations. Additionally, under 49 CFR
part 209, subpart E, railroads are
required to report to FRA actions taken
to remedy certain alleged violations of
law.
Form Number(s): FRA F 6180.33/61/
67/96/96A/109/110/111/112/144.
Affected Public: Businesses.
Respondent Universe: States and
Railroads.
Frequency of Submission: On
occasion.

REPORTING BURDEN
Burden
hours dollar
equivalent
cost 1

CFR section

Respondent universe

Total
annual
responses

Average
time per
response

Application for Participation ..........................
State Railroad Technical Training Funding
Agreement.
Inspector Travel Planning and Reimbursement.
212.109—Annual Work Plan ........................
Inspection Form (FRA F 6180.96) ...............
Violation Report—Motive, Power, and
Equipment Regulations (Form FRA F
6180.109).
Violation Report—Operating Practices Regulations (Form FRA F 6180.67).
Violation
Report—Hazardous
Materials
Regulations (Form FRA F 6180.110).
Violation Report—Hours of Service Law (F
6180.33).

16 States ...................
32 States ...................

16 updates ................
32 agreements ..........

2.5 hours ........
1 hour ............

40
32

$2,960
2,368

32 States ...................

400 vouchers ............

1 hour ............

400

29,600

32 States ...................
32 States ...................
19 States ...................

1,862 reports .............
69,885 forms .............
1,862 reports .............

5 hours ...........
15 minutes .....
4 hours ...........

9,310
17,471
7,448

688,940
1,292,854
551,152

19 States ...................

868 reports ................

4 hours ...........

3,472

256,928

17 States ...................

856 reports ................

4 hours ...........

3,424

253,376

19 States ...................

103 reports ................

4 hours ...........

412

30,488

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burden hours

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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
REPORTING BURDEN—Continued

Burden
hours dollar
equivalent
cost 1

CFR section

Respondent universe

Total
annual
responses

Average
time per
response

Violation Report—Accident/Incident Reporting Rules (Form FRA F 6180.61).
Violation Report—Track Safety Regulations
(Form FRA F 6180.111).
Violation Report—Signal and Train Control
Regulations (Form FRA F 6180.112).
209.405—Remedial Actions Reports ...........
209.407—Violation Report Challenge ..........
209.407—Delayed Reports ..........................

19 States ...................

146 reports ................

4 hours ...........

584

43,216

26 States ...................

667 reports ................

4 hours ...........

2,668

197,432

14 States ...................

440 reports ................

4 hours ...........

1,760

130,240

566 Railroads ............
566 Railroads ............
695 Railroads ............

4,050 reports .............
810 challenges ..........
405 reports ................

15 minutes .....
1 hour ............
30 minutes .....

1,013
810
203

74,962
59,940
15,022

Total annual
burden hours

1 To determine the dollar equivalent cost for the estimated burden hours under OMB No. 2130–0509, FRA used an average hourly wage rate
of $74. FRA derived this estimate from Bureau of Labor Statistics (BLS) data for management occupations, NAICS 99920—State Government,
excluding schools and hospitals (OES Designation). To calculate the mean hourly wage of $42.17 for this category of workers, FRA included a
75-percent charge for overhead costs. The calculation is $42.17 per hour × 1.75 = $73.7975 or $74 per hour (rounded). The Web address for
this data is: https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.

Total Estimated Annual Responses:
82,402.
Total Estimated Annual Burden:
49,047 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $3,629,478.
Title: Use of Locomotive Horns at
Highway-Rail Grade Crossings.
OMB Control Number: 2130–0560.
Abstract: Under 49 CFR part 222, FRA
seeks to collect information from

railroads and public authorities in order
to increase safety at public highway-rail
grade crossings nationwide by requiring
that locomotive horns be sounded when
trains approach and pass through these
crossings or by ensuring that a safety
level at least equivalent to that provided
by routine locomotive horn sounding
exists for quiet zone corridors in which
horns are silenced. FRA reviews
applications by public authorities

intending to establish new quiet zones
or, in some cases, continue pre-rule
quiet zones to ensure the necessary level
of safety is achieved.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: 728 railroads/
340 Public Authorities.
Frequency of Submission: On
occasion.

Respondent universe

Total annual
responses

Average time
per response

222.15—Waiver Petitions .............................

784 Railroads/531
Public Authorities.
531 Public Authorities

2 petitions .................

4 hours ...........

8

$584

15 applications ..........

80 hours .........

1,200

88,800

531 Public Authorities
531 Public Authorities
531 Public Authorities
784 Railroads/State
Agencies.
216 Communities/
Public Authorities.

3 team reviews .........
75 updated forms ......
90 copies ..................
30 comments ............

16 hours .........
1 hour ............
10 minutes .....
1.5 hours ........

48
75
15
45

3,504
5,550
1,110
3,285

60 notices + 180 notifications.

40 hours + 10
minutes.

2,430

179,820

216 Communities ......
784 Railroads/State
Agencies.
531 Public Authorities

300 updated forms ....
120 comments ..........

1 hour ............
4 hours ...........

300
480

22,200
35,040

60 notices + 360 notifications.
300 updated forms ....
60 certifications .........

40 hours + 10
minutes.
1 hour ............
5 minutes .......

2,460

182,040

300
5

22,200
370

213 written affirmations + 1,278 copies (to required parties).
810 updated forms ....
10 written commitments.

30 minutes + 2
minutes.

150

11,100

1 hour ............
5 hours ...........

810
50

59,940
3,700

30 minutes .....

1

74

222.39—Applications to Establish Quiet
Zone.
—Diagnostic Team Review ...................
—Updated Crossing Inventory Forms ...
—Copies of Quiet Zone Application ......
—Comments to FRA on Quiet Zone
Application.
222.43—Written Notice of Public Authority
Intent to Create New Quiet Zone and Notification to Required Parties.
—Updated Crossing Inventory Forms ...
—Comments on proposed Quiet Zone
—Notice of Quiet Zone Establishment +
Notification to Required Parties.
—Updated Crossing Inventory Forms ...
—Certification by CEO of Public Authority Regarding Accuracy of Information.
222.47—Periodic Updates: Written Affirmation that Supplementary Safety Measures
Implemented w/in Quiet Zone Conform to
Rule or Terms of Approval.
—Updated Crossing Inventory Forms ...
222.51—Written Commitment to Lower Risk
to Traveling Public in Quiet Zones Exceeding Nationwide Significant Risk
Threshold.
—Comments Upon FRA Review of
Quiet Zone Status.

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531 Public Authorities
531 Public Authorities

531 Public Authorities

531 Public Authorities
15 Public Authorities

3 Public Authorities ...

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Burden hours
dollar
equivalent
cost

CFR section

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CFR section

222.55—Request for FRA Approval of New
Supplementary Safety Measures/Alternative Safety Measures (ASMs) for Quiet
Zone.
—Comments on New SSMs or ASMs ..

Average time
per response

265 Interested
Parties/.

1 letter .......................

30 minutes .....

1

74

265 Interested Parties/General Public.
265 Interested Parties

5 comments ..............

30 minutes .....

3

222

1 letter .......................

30 minutes .....

1

74

1 petition + 5 petition
copies.

60 minutes + 2
minutes.

1

74

1 letter + 6 letter copies.

5 hours + 2
minutes.

5

370

1 additional document/set of materials.
1 letter .......................

2 hours ...........

2

148

30 minutes .....

1

74

531 Public Authorities

5 notices + 30 notice
copies.

2.5 hours + 10
minutes.

18

1,332

531 Public Authorities

2.5 hours + 10
minutes.
500 hours .......

18

1,332

531 Public Authorities

5 notices + 30 notice
copies.
1 record .....................

500

37,000

531 Public Authorities

1 record .....................

9 hours ...........

9

666

784 Railroads ............

300 reports/records ...

60 minutes .....

300

21,900

—Request for SSM/ASM Approval
–Demo.
222.57—Petition for FRA Review of Deci- 531 Public Authorision Granting or Denying a New SSM or
ties/Interested ParASM; Petition Copies to Relevant Parties.
ties.
—Request for FRA Reconsideration of 531 Public Authorities
Disapproval of Quiet Zone + Party
Copies.
—Additional Documents to FRA as Fol- 531 Public Authorities
low-up to Petition for Reconsideration.
—Letter Requesting FRA Informal
Hearing.
222.59—Written Notice of Use of Wayside
Horn at Grade Crossing within Quiet
Zone + Party Copies.
—Notice of Wayside Horn Outside
Quiet Zone.
Appendix B—Public Authority Record Relating to Monitoring and Sampling Efforts at
Grade Crossing in Quite Zone with Programmed Enforcement.
—Public Authority Record Relating to
Monitoring and Sampling Efforts at
Grade Crossing in Quite Zone with
Photo Enforcement.
222.129—Written Reports/Records of Locomotive Horn Testing.

Total Estimated Responses: 4,362.
Total Estimated Annual Burden:
9,236 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $681,983.
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. 2018–24716 Filed 11–13–18; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2009–0078]

Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this
document provides the public notice

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531 Public Authorities

that on September 20, 2018, the
American Short Line Railroad
Association (ASLRRA) petitioned the
Federal Railroad Administration (FRA)
for an amended waiver of compliance
from certain provisions of the Federal
hours of service laws contained at 49
U.S.C. 21103(a)(4), which, in part,
require a train employee to receive 48
hours off duty after initiating an on-duty
period for six consecutive days. FRA
assigned the petition Docket Number
FRA–2009–0078.
ASLRRA’s waiver of 49 U.S.C.
21103(a)(4)(A), granted under the terms
and conditions contained in FRA’s
initial March 5, 2010 decision letter,
and extended by FRA’s decision letter
dated February 27, 2012, permits
participating railroads to allow train
employees to work six consecutive days
followed by 24 hours of rest before
returning to work. One condition of the
waiver excludes work occurring
between the hours of midnight and six
a.m. ASLRRA requests to expand the
waiver to include work between the
hours of midnight and six a.m. for those
railroads identified in the petition who
agree to participate in this Pilot Project.
ASLRRA contends ‘‘the data justifies a

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dollar
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cost

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responses

Respondent universe

pilot project to test its preliminary
conclusion that appropriate mitigation
techniques can adequately offset fatigue
risks associated with extending the
waiver from midnight to six a.m.’’
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 parties desire
an opportunity for oral comment and a
public hearing, 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

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