30 day FRN

Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices
separately to suggest that the Board
ought to consider changing this
regulation. AATR’s appeal
understandably cites an extensive list of
cases in which the agency has allowed
carrier-specific ‘‘no local traffic’’
certifications via the notice process,
(AATR Appeal 8–9), and—in
considering this overwhelming
precedent—I find that the Board, to
carry out the rail transportation policy
(RTP) at 49 U.S.C. 10101, need not
routinely subject carriers to the
different, more burdensome petition
process in similar future cases. Over
more than 30 years, the Board has
rightly saved taxpayers and many
entities, including small businesses,
substantial resources by cutting up to 90
days out of the exemption process and
eliminating a significant number of
unneeded filings and decisions. See 49
CFR part 1121 (procedures for petitions
for exemption), 49 CFR 1152.60 (special
rules for abandonment and
discontinuance petitions for
exemptions); 49 CFR 1152.50 (exempt
abandonments and discontinuances);
see also 49 U.S.C. 10101(2) (minimizing
the need for regulatory control over the
rail transportation system), section
10101(7) (reducing regulatory barriers to
entry and exit), section 10101(15)
(providing for expeditious handling of
proceedings). Though not the highest
agency priority, the Board should
consider, at the appropriate time,
amending its discontinuance exemption
regulations to allow carrier-specific
certifications and once again achieve
these savings.2
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023–24672 Filed 11–7–23; 8:45 am]

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BILLING CODE 4915–01–P

does not appear in the related regulation or
preamble. I also note that, after the agency issued
the final rule and associated Federal Register
notice, the D.C. Circuit—in upholding a remand
decision that embraced both the abandonment and
discontinuance exemption proceedings—stated that
the ‘‘originally proposed definition of ‘out of
service,’ which encompassed only rail lines
carrying no traffic at all for at least two years, had
been expanded in the final rule to include lines
carrying overhead traffic, i.e., traffic that neither
originates nor terminates on a line and can be
rerouted over other lines.’’ Ill. Com. Comm’n v. ICC,
848 F.2d 1246, 1249 (D.C. Cir. 1988) (emphasis
added).
2 As part of the rulemaking process, the Board
should consider any necessary protections for when
a carrier-specific certification would raise problems
relevant to carrying out the RTP, particularly with
respect to competition. But precedent shows such
problems are far from the norm. The suggested
future rulemaking could also address any problems
or inconsistencies with the agency’s treatment of
atypical cases. See e.g., Consol. R. Corp.—
Exemption—Aban. of the Weirton Secondary Track
in Harrison & Tuscarawas, Cntys., Ohio, AB 176
(ICC decided June 7, 1989) (revoking a class

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 2023–1340]

Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Pilots
Convicted of Alcohol or Drug-Related
Motor Vehicle Offenses or Subject to
State Motor Vehicle Administrative
Procedure
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)
approval to renew an information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on June 8,
2023. The collection involves receiving
and maintaining correspondence
required to be sent to the FAA from
pilots who have been involved in a
drug- or alcohol-related motor vehicle
action. The information to be collected
will be used to and/or is necessary
because the FAA must identify airmen
with multiple drug- or alcohol-related
motor vehicle actions and verify traffic
conviction information in order to
support the FAA’s Aviation Safety,
Office of Aerospace Medicine,
Aerospace Medical Certification
Division, for their requirements to
evaluate the qualifications of that
airman to hold a medical certificate.
DATES: Written comments should be
submitted by December 8, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Christopher Marks by email at:
[email protected]; phone:
405–954–2789.
SUPPLEMENTARY INFORMATION:
SUMMARY:

exemption as applied to the proposed abandonment
at issue and finding that a more thorough review
of the transaction was necessary to carry out the
national rail transportation policy).

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77139

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.
OMB Control Number: 2120–0543.
Title: Pilots Convicted of Alcohol or
Drug-Related Motor Vehicle Offenses or
Subject to State Motor Vehicle
Administrative Procedure.
Form Numbers: FAA Form 1600–85
has been created since the 60 day FRN
has been published.
Type of Review: Renewal of an
information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on June 8, 2023 (88 FR 37596). After a
study and audit conducted from the late
1970’s through the 1980’s by the
Department of Transportation, Office of
the Inspector General, (DOT/OIG), the
DOT/OIG recommended the FAA find a
way to track alcohol abusers and those
dependent on the substance that may
pose a threat to the National Airspace
(NAS). Through a Congressional act
issued in November of 1990, the FAA
established a Driving Under the
Influence (DUI) and Driving While
Intoxicated (DWI) Investigations Branch.
The final rule for this program is found
in Title 14 Code of Federal Regulations
(CFR)—Part 61 § 61.15.
This regulation calls for pilots
certificated by the FAA to send
information regarding Driving Under the
Influence (or similar charges) of alcohol
and/or drugs to the FAA within 60 days
from either an administrative action
against their driver’s license and/or
criminal conviction. Part of the
regulation also calls for the FAA to seek
certificate action should an airman be
involved in multiple, separate drug/
alcohol related motor vehicle incidents
within a three-year period. Information
sent by the airmen is used to confirm or
refute any violations of these
regulations, as well as by the Civil
Aerospace Medical Institute (CAMI) for
medical qualification purposes.
Collection by CAMI is covered under a
separate OMB control number 2120–
0034.
An airman is required to provide a
written report, with the following
information: name, address, date of
birth, airman certificate number, the
type of violation which resulted in the

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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices

conviction or administrative action, the
state which holds the records or action,
and a statement of whether the motor
vehicle action resulted from the same
incident or arose out of the same factual
circumstances related to a previously
reported motor vehicle action. A privacy
act statement and a new FAA form
number 1600–85 was created and added
to the online submission portal.
Respondents: 480 FAA airmen with
drug and alcohol related motor vehicle
actions provide approximately 599
reports per year over the last three years.
Frequency: On occasion.
Estimated Average Burden per
Response: 30 minutes.
Estimated Total Annual Burden: 30
minutes per report and 299.5 hours for
all reports annually.
Issued in Oklahoma City, OK, on
November 3, 2023.
Christopher Marks,
Security Specialist, Security & Hazardous
Materials Safety/Enforcement Standards &
Policy Division, AXE–900.
[FR Doc. 2023–24716 Filed 11–7–23; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2023–0029]

Biannual Request for Information on
the Status of the Electric Vehicle (EV)
Charger Industry
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice; request for information
(RFI).
AGENCY:

On February 21, 2023, FHWA
established a Build America, Buy
America (BABA) implementation plan
by publishing a temporary public
interest waiver of Buy America
requirements for steel, iron,
manufactured products, and
construction materials in electric
vehicle (EV) chargers. This short-term,
temporary waiver was structured to
enable EV charger acquisition and
installation to immediately proceed
while also ensuring the application of
Buy America to EV chargers by the
phasing out of the waiver over time.
While promulgating the final waiver,
FHWA announced that it would
conduct biannual RFIs to receive
information on the status of the EV
charger industry. Requests for comment
include, but are not limited to, the
number of chargers recently produced
by EV charger manufacturers,
projections on chargers expected to be

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SUMMARY:

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produced, and the number of EV
chargers recently purchased by
recipients of Federal financial assistance
and projected to be purchased by
recipients of Federal financial assistance
in the near future.
DATES: Comments must be received on
or before December 26, 2023. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit comments by only one of
the following ways:
• Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m. E.T.,
Monday through Friday, except Federal
holidays. The telephone number is (202)
366–9329.
• Instructions: You must include the
agency name and docket number at the
beginning of your comments. Except as
described below under the heading
‘‘Confidential Business Information,’’ all
submissions received, including any
personal information provided, will be
posted without change or alteration to
www.regulations.gov. For more
information, you may review the U.S.
DOT’s complete Privacy Act Statement
published in the Federal Register on
April 11, 2000 (65 FR 19477).
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Brian Hogge, FHWA Office
of Infrastructure, (202) 366–1562, or via
email at [email protected]. For legal
questions, please contact Mr. David
Serody, FHWA Office of the Chief
Counsel, (202) 366–4241, or via email at
[email protected]. Office hours for
FHWA are from 8 a.m. to 4:30 p.m.,
E.T., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of this notice, all comments
received on this notice, and all
background material may be viewed
online at www.regulations.gov using the
docket number listed above. Electronic
retrieval assistance and guidelines are
also available at www.regulations.gov.
An electronic copy of this document
also may be downloaded from the Office
of the Federal Register’s website at:

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www.FederalRegister.gov and the U.S.
Government Publishing Office’s website
at: www.GovInfo.gov.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this notice
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this notice, it is important
that you clearly designate the submitted
comments as CBI.
You may ask FHWA to give
confidential treatment to information
you give to the Agency by taking the
following steps: (1) Mark each page of
the original document submission
containing CBI as ‘‘Confidential’’; (2)
send FHWA, along with the original
document, a second copy of the original
document with the CBI deleted; and (3)
explain why the information you are
submitting is CBI. The FHWA will
protect confidential information
complying with these requirements to
the extent required under applicable
law. If DOT receives a FOIA request for
the information that the applicant has
marked in accordance with this notice,
DOT will follow the procedures
described in its FOIA regulations at 49
CFR 7.29. Only information that is
marked in accordance with this notice
and ultimately determined to be exempt
from disclosure under FOIA and § 7.29
will not be released to a requester or
placed in the public docket of this
notice. Submissions containing CBI
should be sent to: Mr. Brian Hogge,
FHWA, 1200 New Jersey Avenue SE,
HICP–20, Washington, DC 20590 via
mail or via email at brian.hogge@
dot.gov. Any comment submissions that
FHWA receives that are not specifically
designated as CBI will be placed in the
public docket for this matter.
Background
On August 31, 2022, FHWA issued a
notice of a proposed waiver of Buy
America requirements for EV chargers,
at 87 FR 53539 (‘‘Proposed Waiver’’).
After reviewing the comments received,
on February 21, 2023, FHWA
established a BABA Implementation
Plan for EV charging equipment through
a temporary public interest waiver of
Buy America requirements for steel,
iron, manufactured products, and
construction materials in EV chargers
under 23 U.S.C. 313 and section 70914

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