60-day Federal Register Notice

900

Federal Register / Vol. 88, No. 3 / Thursday, January 5, 2023 / Notices

CFR 1150.31 to acquire and operate the
following railroad track and other assets
of the San Luis & Rio Grande Railroad,
Inc. (SLRG): (1) from milepost 299.30
near Derrick, Colo., to milepost 180.00
near Walsenburg, Colo., comprising
SLRG’s Alamosa Subdivision, and (2)
between milepost 251.7 at Alamosa,
Colo., and milepost 281.78 at Antonito,
Colo. (the Antonito Subdivision), a total
distance of approximately 149.38 miles
(collectively, the Line).1 According to
the verified notice, CP Rio Grande is
also acquiring incidental trackage rights
conveyed to SLRG by UP in the vicinity
of Walsenburg between milepost 180.00
and milepost 175.00.
According to the verified notice, the
proposed transaction is the culmination
of involuntary Chapter 11 bankruptcy
proceedings before the United States
Bankruptcy Court for the District of
Colorado. The verified notice states that,
on November 17, 2022, KCVN LLC
(KCVN) was the successful bidder at
auction for substantially all the assets of
SLRG, and an Asset Purchase
Agreement was executed between SLRG
and KCVN ‘‘or its permitted assignee.’’
The verified notice further states that
the Bankruptcy Court approved the sale
to KCVN or its permitted assignee
pursuant to the Asset Purchase
Agreement on November 29, 2022.
According to the verified notice, on
December 19, 2022, KCVN assigned all
of its rights in the Asset Purchase
Agreement to CP Rio Grande.2
CP Rio Grande certifies that its
projected annual revenues from this
transaction will not exceed $5 million
and will not result in CP Rio Grande
becoming a Class II or Class I rail
carrier. CP Rio Grande further certifies
that the transaction involves an
interchange commitment that would
limit future interchange with a thirdparty carrier other than UP in
Walsenburg Yard,3 and CP Rio Grande

ddrumheller on DSK6VXHR33PROD with NOTICES

1 The

verified notice states that SLRG acquired
the Line from the Union Pacific Railroad Company
(UP) in 2003. See San Luis & Rio Grande R.R.—
Acquis. & Operation Exemption—Union Pac. R.R.,
FD 34350 (STB served July 18, 2003).
2 KCVN is the parent company of Colorado Pacific
Railroad, LLC (CRX), a Class III carrier. CP Rio
Grande is an independent entity that is not owned
or controlled by KCVN. According to the verified
notice, the intention is for CP Rio Grande to
continue the operations of the SLRG separate and
apart from KCVN and CRX.
3 According to the verified notice, the incidental
trackage rights being acquired by CP Rio Grande are
subject to an existing interchange commitment
between SLRG and UP that was created when UP
conveyed the Line to SLRG. However, the existence
of the interchange commitment was not disclosed
in the verified notice of exemption for that
transaction because the regulations at 49 CFR
1150.33(h) requiring such disclosure were not in
effect yet. See San Luis & Rio Grande R.R., Docket
No. FD 34350.

VerDate Sep<11>2014

21:04 Jan 04, 2023

Jkt 259001

has provided additional information
regarding the interchange commitment
as required by 49 CFR 1150.33(h).
The transaction may be consummated
on or after January 19, 2023, the
effective date of the exemption (30 days
after the verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 12, 2023
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36656, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on SLRG’s representative:
Thomas W. Wilcox, Law Office of
Thomas W. Wilcox, LLC, 1629 K Street
NW, Suite 300, Washington, DC 20006.
According to CP Rio Grande, this
action is categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: December 30, 2022.
By the Board,
Mai T. Dinh,
Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022–28644 Filed 1–4–23; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2022–1739]

Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Airport Grants
Program
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)

SUMMARY:

PO 00000

Frm 00046

Fmt 4703

Sfmt 4703

approval to renew an information
collection. The collection involves
gathering data from airport sponsors and
planning agencies to determine
eligibility, ensure compliance with
Federal requirements, and ensure
proper use of Federal funds and project
accomplishments for the Airport
Improvement Program. Submission is
required to receive funds.
DATES: Written comments should be
submitted by March 6, 2023.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By mail: Carlos Fields, Office of
Airports Planning and Programming,
APP, Federal Aviation Administration,
800 Independence Avenue SW,
Washington, DC 20591.
By fax: 202–267–5302.
FOR FURTHER INFORMATION CONTACT:
Carlos Fields by email at: Carlos.Fields@
faa.gov; phone: 202–267–8826.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA 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.
OMB Control Number: 2120–0569.
Title: Airport Grants Program.
Form Numbers: FAA Forms 5100–
100, 5100–101, 5100–108, 5100–110,
5100–126, 5100–127, 5100–128, 5100–
129, 5100–130, 5100–131, 5100–132,
5100–133, 5100–134, 5100–135, 5100–
136, 5100–137, 5100–138, 5100–139,
5100–140, 5100–141, 5100–142, 5100–
143, 5100–144, 5100–145, 5370–1.
Type of Review: Renewal of an
information collection.
Background: Codification of certain
U.S. Transportation laws at 49 U.S.C.,
repealed the Airport and Airway
Improvement Act of 1982, as amended,
and the Aviation Safety and Noise
Abatement Act of 1979, as amended,
and re-codified them without
substantive change at Title 49 U.S.C.,
which is referred to as the ‘‘Act.’’ The
Act provides funding for airport
planning and development projects at
airports included in the National Plan of
Integrated Airport Systems. The Act also
authorizes funds for noise compatibility

E:\FR\FM\05JAN1.SGM

05JAN1

Federal Register / Vol. 88, No. 3 / Thursday, January 5, 2023 / Notices
planning and to carry out noise
compatibility programs. The
Coronavirus Response and Relief
Supplemental Appropriation Act
(CRRSAA) (Pub. L. 116–260) (PDF),
signed into law on December 27, 2020,
authorizes funds to be awarded as
economic relief to eligible U.S. airports
and eligible concessions at those
airports to prevent, prepare for, and
respond to the coronavirus disease 2019
(COVID–19) pandemic. The Coronavirus
Aid, Relief, and Economic Security
(CARES) Act (H.R. 748, Pub. L. 116–
136) (PDF), signed into law on March
27, 2020, authorizes funds to be
awarded as economic relief to eligible
U.S. airports affected by the prevention
of, preparation for, and response to the
COVID–19 pandemic. The information
required by these programs is necessary
to protect the Federal interest in safety,
efficiency, and utility of the Airport.
Data is collected to meet report
requirements of 2 CFR part 200 for
certifications of domestic preferences
and representations, financial
management and performance
measurement.
Respondents: Approximately 13,000
applicants.
Frequency: Information is collected
on occasion.
Estimated Average Burden per
Response: Approximately 9.5 hours.
Estimated Total Annual Burden:
Approximately 123,000 hours.
Issued in Washington, DC, on December
29, 2022.
Carlos N. Fields,
Management & Program Analyst, Airports
Financial Assistance Division, APP–520.
[FR Doc. 2022–28597 Filed 1–4–23; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0037]

Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
ddrumheller on DSK6VXHR33PROD with NOTICES

AGENCY:

FMCSA announces its
decision to exempt nine individuals
from the hearing requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. The exemptions
enable these hard of hearing and deaf

SUMMARY:

VerDate Sep<11>2014

21:04 Jan 04, 2023

Jkt 259001

individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are applicable
on December 30, 2022. The exemptions
expire on December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2022–0037) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ 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 20590–0001, 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 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. 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
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On November 17, 2022, FMCSA
published a notice announcing receipt
of applications from nine individuals
requesting an exemption from the
hearing requirement in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
comments from the public (87 FR
69076). The public comment period
ended on December 19, 2022, and one
comment was received.

PO 00000

Frm 00047

Fmt 4703

Sfmt 4703

901

FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by complying with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 [Apr. 22, 1970] and 36 FR
12857 [July 8, 1971], respectively).
III. Discussion of Comments
FMCSA received one comment in this
proceeding. An individual anonymously
commented that they are in favor of
‘‘granting exemptions for the applicants
provided the applicants are otherwise
qualified to drive CMVs in interstate
traffic.’’ However, they believe that the
exemption should not be necessary for
individuals who are hearing impaired as
these individuals do not pose any risk
to safety. The individual notes that
based on FMCSA’s continued decisions
to grant exemptions to individuals who
are hearing impaired and studies that
support hearing impaired individuals
are not a risk to safety, and that
‘‘Congress does not have a legitimate
interest in disallowing persons with
hearing impairments from obtaining
CDLs without first applying for an
exemption and being submitted to the
lengthy public comment process.’’ They
go on to ask why there is a general law
from 1971 banning CMV drivers who
are deaf or hard of hearing from driving
that requires the driver to appeal to a
bureaucratic process. The majority of
their comment falls outside the scope of
this notice. FMCSA grants exemptions
based an individual assessment of each
applicant that focuses on whether an
equal or greater level of safety would
likely be achieved by permitting each of
these drivers to drive in interstate
commerce.

E:\FR\FM\05JAN1.SGM

05JAN1