April 15, 2020, FR Notice (60-Day)

April 15, 2020, FR Notice (60-Day).pdf

Track Safety Standards

April 15, 2020, FR Notice (60-Day)

OMB: 2130-0010

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21064

Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices

inspections recorded in the Motor
Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency (SDLA). A summary of each
applicant’s seizure history was
discussed in the February 6, 2020,
Federal Register notice (85 FR 7003)
and will not be repeated in this notice.
These six applicants have been
seizure-free over a range of 22 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last 2 years. In
each case, the applicant’s treating
physician verified his or her seizure
history and supports the ability to drive
commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy and seizure disorder
prohibition in § 391.41(b)(8) is likely to
achieve a level of safety equal to that
existing without the exemption.
V. Conditions and Requirements

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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.

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Based upon its evaluation of the six
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, § 391.41(b)(8), subject to the
requirements cited above:
Randall J. Bernath (MI)
Hermie Garrett (NY)
Gary Olsen (MN)
Michael Day (AZ)
Jeb McCulla (LA)
John Shainline IV (PA)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 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(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–07887 Filed 4–14–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) 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 of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.

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VII. Conclusion

[Docket No. FRA–2020–0027–N–6]

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
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before June 15,
2020.
ADDRESSES: Submit written comments
on the ICR activities by mail to either:
Ms. Hodan Wells, Information
Collection Clearance Officer, Office of
Railroad Safety, Regulatory Analysis
Division, Federal Railroad
SUMMARY:

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Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590; or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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 2130–0010,’’
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 Ms. Wells 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.
SUPPLEMENTARY INFORMATION: 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 ICR 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
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 mandate. 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

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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
information requested. See 44 U.S.C.
3501.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Track Safety Standards.
OMB Control Number: 2130–0010.
Abstract: The information collection
associated with 49 CFR part 213 is used
by FRA to ensure and enhance rail
safety by monitoring complete
compliance with all regulatory
requirements. Part 213 prescribes
minimum safety requirements for
railroad track that is part of the general

railroad system of transportation. While
the requirements prescribed in this part
generally apply to specific track
conditions existing in isolation, a
combination of track conditions, none of
which individually amounts to a
deviation from the requirements in this
part, may require remedial action to
provide safe operations over that track.
Qualified persons inspect track and take
action to allow safe passage of trains
and ensure compliance with the
prescribed standards. In 2013, FRA
amended the Track Safety Standards
and Passenger Equipment Safety
Respondent
universe
(railroads)

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CFR section
213.4(f)—Excepted track—Notification to FRA
about removal of excepted track.
213.5(c)—Responsibility for compliance—Notification of assignment to FRA.
213.7(a)–(b)—Designations: Names on list with
written authorizations.
213.17(a)—Waivers ................................................
213.57(e)—Curves, elevation and speed limitations—Request to FRA for vehicle type approval.
213.57(f)—Written Notification to FRA prior to implementation of higher curving speeds.
213.57(g)—Written consent of track owners obtained by railroad providing service over that
track.
213.110(a)—Gage restraint measurement systems
(GRMS)—Implementing GRMS—notices & reports.
213.110(g)—GRMS vehicle output reports .............
213.110(h)—GRMS vehicle exception reports .......
213.110(j)—GRMS/PTLF—procedures for data integrity.
213.110(n)—GRMS inspection records ..................
213.118(a)–(c)—Continuous welded rail (CWR)—
Revised plans w/procedures for CWR.
213.118(d)—Notification to FRA and RR employees of CWR plan effective date.
213.118(e)—Written submissions after plan disapproval.
213.118(e)—Final FRA disapproval and plan
amendment.
213.234(f)—Automated inspection of track constructed with concrete crossties—Recordkeeping requirements.
213.237(b)(2)—Inspection of Rail—Detailed request to FRA to change designation of a rail inspection segment or establish a new segment.
213.237(b)(3)—Notification to FRA and all affected
employees of designation’s effective date after
FRA’s approval/conditional approval.
213.237(d)—Notice to FRA that service failure rate
target in paragraph (a) of this section is not
achieved.
213.237(d)—Explanation to FRA as to why performance target was not achieved and provision
to FRA of remedial action plan.
213.241—Inspection records2 .................................
213.303(b)—Responsibility for compliance—Notification of assignment to FRA.
213.305(a)–(c)—Designation of qualified individuals; general qualifications—Written authorization for remedial actions.
213.305(e)—Designation of qualified individuals;
general qualifications; recordkeeping requirements for designations.

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Standards to promote the safe
interaction of rail vehicles with the
track over which they operate under a
variety of conditions at speeds up to 220
m.p.h.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 746 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

Total annual responses

Average time
per responses

746

15 notices ......................

10 minutes .....

2.5

$190

746

15 notices ......................

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

15

1,140

746

2,500 documents ...........

10 minutes .....

416.7

31,669

746
746

10 petitions ....................
4 requests ......................

2 hours ...........
8 hours ...........

20
32

1,520
2,432

746

4 notifications .................

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

8

608

746

4 written consents ..........

45 minutes .....

3

228

746

1 notification ...................

45 minutes .....

.8

61

746
746
746

1 report ..........................
1 report ..........................
1 documented procedure

5 minutes .......
5 minutes .......
1 hour ............

.1
.1
1

8
8
76

746
438

2 records ........................
10 plans .........................

30 minutes .....
4 hours ...........

1
40

76
3,040

438

15 seconds ....

3.1

236

438

750 notifications to employees.
5 written submissions ....

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

10

760

438

5 amended plans ...........

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

5

380

30

2,000 records .................

30 minutes .....

1,000

76,000

65

4 requests ......................

15 minutes .....

1

76

65

1 notice to FRA + 15
bulletins.

15 minutes .....

4

304

65

4 notices ........................

15 minutes .....

1

76

65

4 letters of explanation/
plans.

15 minutes .....

1

76

746
2

1,375,000 records ..........
5 notices ........................

10 minutes .....
30 minutes .....

229,166.7
2.5

17,416,669
190

2

20 written documents ....

30 minutes .....

10

760

2

200 records ....................

10 minutes .....

33.3

2,531

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Total annual
burden hours

Total cost
equivalent 1

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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
Respondent
universe
(railroads)

CFR section

Total annual responses

Average time
per responses
8 hours ...........
30 minutes +
16 hours +
15 minutes.
2 hours ...........

16
33.5

1,216
2,546

2

2 petitions ......................
2 cover letters + 2 technical reports + 2 diagrams.
2 notices ........................

4

304

2

2 written consents ..........

45 minutes .....

1.5

114

7

7 reports .........................

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

7

532

2

800 records ....................

2 minutes .......

26.7

2,029

2

2 plans ...........................

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

8

608

2
2

8,000 records .................
2 program plans .............

2 minutes .......
120 hours .......

266.7
240

20,269
18,240

2

2 program plans .............

8 hours ...........

16

1,216

4

4 written consents ..........

30 minutes .....

2

230

2

15,000 records ...............

10 minutes .....

2,500

190,000

746

1,404,410 responses .....

N/A .................

233,899

17,776,417

213.317(a)–(b)—Waivers ........................................
213.329(e)—Curves, elevation and speed limitations—FRA approval of qualified vehicle types
based on results of testing.
213.329(f)—Written notification to FRA 30 days
prior to implementation of higher curving speeds.
213.329(g)—Written consent of other affected
track owners by railroad.
213.333(d)—Automated vehicle-based inspection
systems—Track Geometry Measurement System (TGMS) output/exception reports.
213.341(b)–(d)—Initial inspection of new rail &
welds—Inspection records.
213.343(a)–(e)—Continuous welded rail (CWR)—
Procedures for installations and adjustments of
CWR.
213.343(h)—Recordkeeping requirements .............
213.345(a)–(c)—Vehicle qualification testing—Vehicle qualification program for all vehicle types
operating at track Class 6 speeds or above.
213.345(d)—Previously qualified vehicle types
qualification programs.
213.345(h)—Written consent of other affected
track owners by railroad.
213.369(d)—Inspection Records—Record of inspection of track.

2
2

Total .................................................................

Total annual
burden hours

Total cost
equivalent 1

1 The

dollar equivalent cost is derived from the Surface Transportation Board’s Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.
2 Note: Each record of an inspection under §§ 213.4, 213.119, 213.233, 213.235, and 213.237 is covered under § 213.241.

Total Estimated Annual Responses:
1,404,410.
Total Estimated Annual Burden:
233,899 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $17,776,417.
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.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2020–07911 Filed 4–14–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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[Docket No. FRA–2020–0027–N–7]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).

AGENCY:

VerDate Sep<11>2014

18:22 Apr 14, 2020

Jkt 250001

Notice of information collection;
request for comment.

ACTION:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
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.
DATES: Interested persons are invited to
submit comments on or before June 15,
2020.
ADDRESSES: Submit written comments
on the ICRs activities by mail to either:
Ms. Hodan Wells, Information
Collection Clearance Officer, Office of
Railroad Safety, Regulatory Analysis
Division, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590; or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of
Administration, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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,’’
SUMMARY:

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(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 Ms. Wells at hodan.wells@
dot.gov, or Ms. Toone at kim.toone@
dot.gov. 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.
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

SUPPLEMENTARY INFORMATION:

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