August 25, 2023, FR Notice (60-Day)

Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices
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, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.

ddrumheller on DSK120RN23PROD with NOTICES1

II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from 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
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted 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 Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)) with the reasons for denying
or granting the application and, if
granted, the name of the person or class
of persons receiving the exemption and
the regulatory provision from which the
exemption is granted. The notice must
specify the effective period and explain
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Applicant’s Request
The state of Hawaii seeks an
exemption from the requirements in 49
CFR 383.113(c) that an applicant for a
commercial driver’s license (CDL) must
demonstrate safe on-road driving skills,
including the ability to choose a safe
gap for changing lanes, passing other
vehicles, crossing or entering traffic, and
the ability to signal appropriately when
changing direction in traffic (49 CFR
383.113(c)(2) and (4)). The state of
Hawaii maintains that the islands of
Lanai and Molokai do not have at least
two miles of a straight section of urban
business street and at least two miles of
an expressway or highway section with
multiple lanes going in each direction to
allow the ability to legally change lanes.
The state of Hawaii proposes to
establish a new CDL restriction ‘‘R’’,
limiting the CDL’s validity to the islands
of Lanai and Molokai only. These
restricted CDLs would also have the ‘‘K’’

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(intrastate) restriction and would be
applied to drivers who take an
abbreviated CDL skills test.
A copy of the State of Hawaii’s
application for exemption, along with
supplemental information provided by
HDOT, is available for review in the
docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
the state of Hawaii’s application for an
exemption from the CDL regulations in
49 CFR 383.113(c). 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. 2023–18361 Filed 8–24–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–14]

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, FRA seeks
approval of the Information Collection
Request (ICR) summarized 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 October
24, 2023.
SUMMARY:

PO 00000

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58435

Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2023–
2002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0602) in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice, made available to the public, and
include them in its information
collection submission to OMB for
approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
[email protected] or
telephone: (571) 609–1285 or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(757) 897–9908.
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, 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
ADDRESSES:

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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / 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: Critical Incident Stress Plans.
OMB Control Number: 2130–0602.
Abstract: Under 49 CFR part 272,
Class I, intercity passenger, and
commuter railroads are required to
develop, and submit to FRA for
approval, a critical incident stress plan
(CISP) that provides for appropriate
support services to be offered to their
employees who are affected by a critical
incident as defined in 49 CFR 272.9.
FRA uses the information collected to

ensure the minimum standards of part
272 are met.
In this 60-day notice, FRA adjusted
the respondent universe from 41
railroads to 40 railroads to reflect the
current number of Class I, intercity
passenger, and commuter railroads
required to comply with part 272
requirements. FRA adjusted the total
estimated annual burden in the PRA
table from 467 hours to 246 hours.
Specifically, under § 272.103(e), FRA
adjusted the burden from 24 hours to 12
hours because FRA anticipates that the
annual submissions of modified and
existing CISP plans will decrease from
4 plans to 2 plans. Additionally, under
Respondent
universe

CFR section

272.103(a)—Railroad submission of critical incident stress
plan (CISP) to FRA for approval.
—(b) Railroad CISP copy to 5 labor organizations ......
—(c)(1) Rail labor organization comment to FRA on
CISP submission.
—(c)(2) Rail labor affirmative statement to FRA that
comment copy has been served on railroad.
—(e) Railroad submission of updated/modified existing CISP to FRA for approval.
—(f) Copy to RR employees of updated/modified
CISP.
—(g) Railroads make copies of CISP available to
FRA inspector upon request.
272.105—Requirement to file CISP electronically ..............
Total 2 ...........................................................................

Total Estimated Annual Responses:
2,546.
Total Estimated Annual Burden: 246.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $21,109.
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 that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.

ddrumheller on DSK120RN23PROD with NOTICES1

BILLING CODE 4910–06–P

1 The dollar equivalent cost is derived from the
2022 Surface Transportation Board Full Year Wage
A&B data series using employee group 200
(Professional & Administrative) hourly wage rate of
$49.10. The total burden wage rate (straight time
plus 75%) used in the table is $85.93 ($49.10 × 1.75
= $85.93).
2 Totals may not add due to rounding.

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18:23 Aug 24, 2023

Total annual
responses

Average time per
response

Total annual
burden hours

Total cost equivalent
in U.S. dollar

(A)

(B)

(C = A * B)

(D = C * wage rates) 1

1 new railroad

1 plan ..........................

12 hours ...............

12.00

$1,031.16

1 new railroad
5 employee
labor organizations.
5 employee
labor organizations.
40 railroads .....

5 plan copies ..............
5 comments ................

5 minutes ..............
2 hours .................

0.42
10.00

$36.09
859.30

5 certifications ............

5 minutes ..............

0.42

36.09

6 hours .................

12.00

1,031.16

40 railroads .....

2 updated/modified
plans.
2,500 copies ...............

5 minutes ..............

208.33

17,901.80

40 railroads .....

25 plan copies ............

5 minutes ..............

2.08

178.73

40 railroads .....

3 CISP electronic submissions.

8 minutes ..............

0.40

34.37

40 railroads; 5
employee
labor organizations.

2,546 responses .........

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

246

21,109

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0044; Notice 1]

Ricon Corporation and Navistar, Inc.,
Receipt of Petitions for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
AGENCY:

Ricon Corporation (Ricon) has
determined that certain Ricon S-Series
and K-Series platform lifts do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 403,
Platform Lift Systems for Motor
Vehicles. Based on Ricon’s
determination, Navistar, Inc., on behalf
of IC Bus, LLC (Navistar), who installed
the S-Series and K-Series platform lifts
in their school and commercial buses,
determined that model year (MY) 2013–

SUMMARY:

[FR Doc. 2023–18330 Filed 8–24–23; 8:45 am]

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§ 272.103(f), FRA adjusted the burden
from 416 hours to 208 hours because
FRA anticipates that railroads will
increasingly provide their employees
with electronic copies of the CISPs
rather than hard copies.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses/Rail
Labor Unions.
Form(s): N/A.
Respondent Universe: 40 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

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2022 IC buses do not comply with
FMVSS No. 404, Platform Lift
Installation in Motor Vehicles. Ricon
and Navistar, collectively referred to as
the ‘‘the petitioners,’’ filed the
appropriate noncompliance reports and
subsequently petitioned NHTSA for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This document
announces the receipt of the petitioner’s
petitions.
DATES: Send comments on or before
September 25, 2023.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on the petitions.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

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