30 Day FRN

75108

Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices

I. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
http://www.regulations.gov. Insert the
docket number, FMCSA–2013–0444,
FMCSA–2014–0212, FMCSA–2015–
0321, FMCSA–2018–0051, FMCSA–
2018–0052, or FMCSA–2018–0053, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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.transportation.gov/privacy.

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II. Background
On August 17, 2020, FMCSA
published a notice announcing its
decision to renew exemptions for nine
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (85 FR
50064). The public comment period
ended on September 16, 2020, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with
§ 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.

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In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the nine
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of August and are discussed
below.
As of August 1, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (85 FR 50064):
Brian Checkley (NJ)
Steven Ford (WI)
Paul Gomez (CA)
Thomas Ork (NY)
Milton Tatham (NV)
Phillip Moore (CT)
Joshua Thomas (MN)
Troy Nichols (TX)
The drivers were included in docket
number FMCSA–2013–0444, FMCSA–
2015–0321, FMCSA–2018–0051,
FMCSA–2018–0052, and FMCSA–2018–
0053. Their exemptions were applicable
as of August 1, 2020, and will expire on
August 1, 2022.
As of August 28, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (85 FR 50064):
Terry Hamby (NC)
This driver was included in docket
number FMCSA–2014–0212. The
exemption was applicable as of August
28, 2020, and will expire on August 28,
2022.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.

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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. 2020–25886 Filed 11–23–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–29]

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 Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On August 26, 2020,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before
December 24, 2020.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Qiana Swayne, Information Collection
Clearance Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590
(telephone: (202) 493–0414) or
[email protected].
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
SUMMARY:

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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
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 26, 2020,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which it is now seeking
OMB approval. See 85 FR 52657. FRA
received no comments in response to
this 60-day notice.
Before OMB decides whether to
approve the proposed collection 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
1320.10(b); 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 ICR 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
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
ICR that FRA will submit for OMB
clearance as the PRA requires:
Title: Workforce Development Survey.
OMB Control Number: 2130–0621.
Abstract: FRA has statutory
responsibility to ensure the safety of
railroad operations under 49 U.S.C.
20103. To conduct safe railroad
operations, the workforce must have the
requisite knowledge and skills to
operate equipment and utilize
technologies. FRA therefore seeks to
promote workforce development policy
and standards to ensure the workforce
has the necessary knowledge and skills
to conduct safe railroad operations. Due
to an increasingly dynamic and
maturing workforce, combined with
continual changes in knowledge and

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skills required to use new technologies,
there is an increasing risk of not having
the necessary talent pools to fill critical
railroad operational positions.
Since 2011, FRA has routinely
performed a comprehensive overview of
the railroad industry workforce. The
Railroad Industry Modal Profile was a
response to the DOT National
Transportation Workforce Development
Initiative that required each DOT
Operating Administration to produce an
analysis of its industry workforce. The
most recent published update in April
2016, Railroad Industry Modal Profile:
An Outline of the Railroad Industry
Workforce Trends, Challenges, and
Opportunities, highlighted numerous
workforce challenges including age,
diversity, knowledge management and
succession planning, work-life balance,
recruitment, and the impact of evolving
technology.
The prevailing workforce concerns
during the early stages of the DOT
National Transportation Workforce
Development Initiative were the large
number of retirement-eligible employees
in transportation-related fields and the
national shortage of science, technology,
engineering, and math graduates.
Because the railroad industry had done
very little hiring in the late 1980s and
throughout most of the 1990s, the
retirement-eligible population became
quite large, even beyond that of most
other industries and transportation
modes (each of which was also
grappling with similar retirement
population concerns).
These workforce challenges persist.
Although the industry has recognized
the need to focus on recruitment and
retention strategies, it continues to face
risks in maintaining a viable workforce
and building a pipeline of diverse
talent. To take effective and efficient
action to minimize these risks, FRA
requires reliable information on current
workforce development challenges,
strategies, and outcomes. Initial data
collected for the Railroad Industry
Modal Profile established a baseline
understanding of the risks and status.
However, to confirm and further
develop the understanding of the risks,
potential solutions, and best practices
that have been implemented by railroad
stakeholders, this revised survey is
proposed. With this submission, FRA is
requesting permission to gather the
needed information about the railroad
industry workforce.
Type of Request: Extension without
Change.
Affected Public: Class I freight and
passenger railroads, short line and
regional railroads, labor unions, major

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75109

associations, academia, and specialty
experts.
Form(s): FRA F 240.
Respondent Universe: 847.
Frequency of Submission: One-time.
Total Estimated Annual Responses:
213.
Total Estimated Annual Burden:
88.75 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $3,637.86.
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 a
respondent is not required to respond
to, conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020–25916 Filed 11–23–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit
Operations
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of calendar year 2021
random drug and alcohol testing rates.
AGENCY:

This notice announces the
calendar year 2021 drug and alcohol
random testing rates for employers
subject to 49 CFR part 655. The
minimum random drug testing rate will
remain at 50 percent, and the random
alcohol testing rate will remain at 10
percent.

SUMMARY:

DATES:

Applicable Date: January 1,

2021.
Iyon
Rosario, Drug and Alcohol Program
Manager in the Office of Transit Safety
and Oversight, 1200 New Jersey Avenue
SE, Washington, DC 20590 (telephone:
202–366–2010 or email: Iyon.Rosario@
dot.gov).

FOR FURTHER INFORMATION CONTACT:

On
January 1, 1995, FTA required large
transit employers to begin drug and
alcohol testing of employees performing
safety-sensitive functions, and to submit
annual reports by March 15 of each year
beginning in 1996, pursuant to drug and
alcohol regulations adopted by FTA at
49 CFR parts 653 and 654 in February
1994. The annual report includes the
number of employees who had a
verified positive test for the use of

SUPPLEMENTARY INFORMATION:

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