April 7, 2021, FR Notice (30-Day)

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‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. If you have questions on viewing
or submitting material to the docket, call
Docket Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA 2020–0191), indicate the
specific section of this document to
which the comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/#!docket
Detail;D=FMCSA-2020-0191, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
http://www.regulations.gov/#!docket
Detail;D=FMCSA-20xx-00xx and choose
the document to review. If you do not
have access to the internet, you may

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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 20590–0001, between 9
a.m. and 5 p.m., 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 Docket Operations.
Privacy Act
DOT solicits comments from the
public to better inform its rulemaking
process, in accordance with 5 U.S.C.
553(c). 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—Federal Docket Management
System), which can be reviewed at
www.transportation.gov/privacy.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31315(b) to grant exemptions from
certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request. The Agency
reviews the safety analyses and the
public comments and determines
whether granting the exemption would
likely achieve a level of safety
equivalent to or greater than the level
that would be achieved by the current
regulation (49 CFR 381.305). The
decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
Loomis’ Application for Exemption
The FMCSRs require that (1) cab
compartment doors or door parts used
as an entrance or exits shall not be
missing or broken; (2) doors shall not
sag so that they cannot be properly
opened or closed; and (3) no door shall

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be wired shut or otherwise secured in
the closed position so that it cannot be
readily opened. Exception: When the
vehicle is loaded with pipe or bar stock
that blocks the door and the cab has a
roof exit. Loomis has applied for an
exemption from 49 CFR 393.203(a) to
allow the cab doors on its specialized
armored vehicles to be welded shut,
given the addition of new doors behind
the cab. A copy of the application is
included in the docket for this notice.
Request for Comments
In accordance with 49 U.S.C.
31315(b)(6), FMCSA requests public
comment from all interested persons on
Loomis’ application for an exemption
from 49 CFR 393.203(a). All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–07102 Filed 4–6–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–40]

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) and its
implementing regulations, 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 December 1, 2020,
FRA published a notice providing a 60-

SUMMARY:

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Federal Register / Vol. 86, No. 65 / Wednesday, April 7, 2021 / Notices
day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before May 7,
2021.
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 the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration,
telephone: (202) 493–0440, email:
[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
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 December 1, 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 77337.
On February 1, 2021, the
Transportation Trades Department,
AFL–CIO (TTD) commented on this ICR.
On February 25, 2021, FRA staff met
with TTD to discuss its comment. A
summary of the discussion is available
in the above listed docket. TTD
explained its concerns with FRA’s
proposed revisions to form FRA F
6180.151, namely that the revised form
would allow users to voluntarily selfidentify as railroad employees. TTD
noted that full consideration, and
investigation if needed, of the alleged
violation should be given to each report
regardless of the user’s affiliation. TTD
questioned the benefits that FRA would
receive from having this information
and stated that users may not realize
that this self-identification is optional.
TTD expressed that railroad employees
could potentially face employer
retaliation by self-identifying as railroad
employees when submitting information
to FRA through this form. TTD
requested that FRA add language to this
form, clarifying that this field is
voluntary.
On the proposed form, FRA makes
clear that members of the public and rail
employees are not required to identify
themselves or their place or type of
employment to report an alleged
violation or other safety concern to FRA.

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Indeed, the form definitively states this
at the top and reiterates that no
identifying information is required to
report, but that identifying information
is helpful in assisting FRA staff in
assessing the matter and then, if
necessary, taking appropriate action.
The proposed form provides the
following instructions:
Your submission is voluntary and
anonymous unless you choose to provide us
with your contact information. Choosing not
to provide your contact information may
affect FRA’s ability to follow up with you on
the status of the investigation and may
prevent FRA from adequately investigating
the alleged violation, complaint, or inquiry.

On the proposed form, the optional
field for the respondent to identify as a
‘‘Public Citizen’’ or ‘‘Railroad
Employee’’ falls under these
instructions that clearly state the
following:
AVF Collection Questions
* Anonymous submissions are allowed, but
FRA strongly encourages at least one type of
contact information for follow-up
communications.

The optional identifying fields are
included to assist FRA in determining
if, where, and when an alleged violation
may have occurred and what
appropriate follow-up actions are
necessary to assess and investigate the
matter. Further, this optional identifying
information is helpful to FRA in
assessing trends and patterns of safety
violations or concerns over time. The
information is not shared outside the
agency and is protected to the extent
allowed under Federal law. The form
can be submitted if any or all the
identifying information fields are left
blank, so respondents can share as
much or as little information as they
deem necessary.
FRA determined that its form and the
data collection and management process
afterward required improvement to
assist FRA staff in assessing and then,
if necessary, taking appropriate action
on alleged violations and other safety
inquiries. Further, FRA has reviewed its
processes and determined that this form
and its revisions would improve FRA’s
service to the public and assessment of
alleged violations and other safety
inquiries.
In response to internal feedback that
it would be helpful if ‘‘Hours of
Service’’ were a standalone category in
the ‘‘Category of Alleged Violation,
Complaint, or Inquiry’’ drop down
menu, FRA has made this change to the
form to allow FRA staff to better keep
track of Hours of Service violations,
complaints, or inquiries. Before OMB
decides whether to approve the

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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 summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Federal Railroad Administration
Alleged Violation and Inquiry Form.1
OMB Control Number: 2130–0590.
Abstract: The FRA Alleged Violation
and Inquiry Form is a response to
section 307(b) of the Rail Safety
Improvement Act of 2008, which
requires FRA to ‘‘provide a mechanism
for the public to submit written reports
of potential violations of Federal
railroad safety and hazardous materials
transportation laws, regulations, and
orders to the Federal Railroad
Administration.’’ The FRA Alleged
Violation and Inquiry Form allows the
public to submit alleged violations,
complaints, or inquiries directly to FRA.
The form allows FRA to collect
information necessary to investigate the
alleged violation, complaint, or inquiry,
and to follow up with the submitting
party. FRA may share the information
collected with partnering States under
its State Rail Safety Participation
1 FRA is revising the title of OMB Control
Number 2130–0590 (formerly titled ‘‘Alleged
Violation Reporting Form’’).

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Federal Register / Vol. 86, No. 65 / Wednesday, April 7, 2021 / Notices

Program and with law enforcement
agencies.
FRA will use the information
collected under the form to identify
problem areas and take necessary action
to prevent potential accidents of the
type indicated by the information
submitted from occurring.
FRA’s proposed revisions to the form
include: (1) Adding several dropdown
menus for form elements (e.g., type,
title, preferred method of contact,
position, category of submission, date,
time, city, State, and entity involved) so
that users can quickly provide complete
contact and incident information while
having to hand-enter less information;
(2) adding a question requesting the
users identify if they are members of the
public, a railroad employee, or other;
and (3) informing users that they will
receive an automated response from
FRA after the form is submitted. The
revisions are designed to make the
existing form easier to use and more
understandable, and to simplify the
collection of information. If users elect
to provide any identifying information,
it will be protected to the extent allowed
under Federal law and FRA will only
use this identifying information to
follow up with users regarding their
submissions. The revised form will
ensure that users provide the necessary
information so that FRA staff can review
and respond more quickly. The revised
form also will facilitate FRA’s ability to
maintain the data collected in a more
useful and uniform manner, as the new
dropdown boxes will assist FRA in
receiving more standardized responses.
Type of Request: Revision of a
currently approved information
collection.
Affected Public: Public.
Form(s): FRA F 6180.151.
Respondent Universe: Public.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
600.
Total Estimated Annual Burden: 70
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $1,890.
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 that does not display a
currently valid OMB control number.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021–07182 Filed 4–6–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. DOT–MARAD–2021–0017]

Request for Comments on the Renewal
of a Previously Approved Information
Collection: Application for
Construction Reserve Fund and
Annual Statements (CRF)
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

The Maritime Administration
(MARAD) invites public comments on
our intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information collected is
required in order for MARAD to
determine whether the applicant is
qualified for the benefits of the CRF
program. We are required to publish this
notice in the Federal Register by the
Paperwork Reduction Act of 1995.
DATES: Comments must be submitted on
or before June 7, 2021.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–
MARAD–2021–0017] through one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Search using the
above DOT docket number and follow
the online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 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.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking.
Note: All comments received will be
posted without change to
www.regulations.gov including any
personal information provided.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the Department’s
performance; (b) the accuracy of the
estimated burden; (c) ways for the
Department to enhance the quality,
utility and clarity of the information
collection; and (d) ways that the burden
could be minimized without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
SUMMARY:

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Electronic Access and Filing
A copy of the notice may be viewed
online at www.regulations.gov using the
docket number listed above. A copy of
this notice will be placed in the docket.
Electronic retrieval help and guidelines
are available on the website. It is
available 24 hours each day, 365 days
each year. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
website at www.FederalRegister.gov and
the Government Publishing Office’s
website at www.GovInfo.gov.
FOR FURTHER INFORMATION CONTACT:
Daniel Ladd, 202–366–1859, Office of
Financial Approvals, Maritime
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC, 20590.
SUPPLEMENTARY INFORMATION:
Title: Application for Construction
Reserve Fund (CRF) and Annual
Statements.
OMB Control Number: 2133–0032.
Type of Request: Renewal of a
Previously Approved Information
Collection.
Abstract: The Construction Reserve
Fund (CRF), authorized by 46 U.S.C.
chapter 533, is a financial assistance
program which provides tax deferral
benefits to U.S.-flag operators. Eligible
parties can defer the gain attributable to
the sale or loss of a vessel, provided the
proceeds are used to expand or
modernize the U.S. merchant fleet. The
primary purpose of the CRF is to
promote the construction,
reconstruction, reconditioning, or
acquisition of merchant vessels which
are necessary for national defense and to
the development of U.S. commerce.
Respondents: Citizens who own or
operate vessels in the U.S. foreign or
domestic commerce who desire tax
benefits under the CRF program must
respond.
Affected Public: Owners or operators
of vessels in the domestic or foreign
commerce.
Estimated Number of Respondents:
17.
Estimated Number of Responses: 17.
Estimated Hours per Response: 9.
Annual Estimated Total Annual
Burden Hours: 153.
Frequency of Response: Annually.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended;
and 49 CFR 1.93.

*

*

*

*

*

By Order of the Acting Maritime
Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2021–07141 Filed 4–6–21; 8:45 am]
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