Dispatching 60-Day Federal Register Notice

64172

Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices

Exemption Decision

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This notice addresses 17 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
17 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are the following:
Tracy A. Ammons
David N. Cleveland
Randy B. Combs
Robert L. Cross, Jr.
James E. Davis
Thomas E. Dixon
Edward J. Genovese
Dewayne E. Harms
David F. LeClerc
Marvin L. Motes
Stephen Pozharsky
Donald J. Snider
Jesse L. Townsend
Humberto A. Valles
James A. Welch
Edward W Yeates, Jr.
Michael E. Yount
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) By an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retains a copy of the
certification on his/her person while
driving for presentation to a duly
authorized Federal, State, or local
enforcement official. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) The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 before it
was 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.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and

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31315, each of the 17 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 68195; 65 FR
20251; 66 FR 30502; 66 FR 41654; 68 FR
54775; 67 FR 17102; 68 FR 52811; 68 FR
61860; 70 FR 61165;71 FR 63379; 72 FR
1050; 72 FR 39879; 72 FR 46261; 72 FR
52419; 72 FR 53581; 72 FR 54972; 72 FR
58359 74 FR 37295; 74 FR 48343; 74 FR
53581). Each of these 17 applicants has
requested renewal of the exemption and
has submitted evidence showing that
the vision in the better eye continues to
meet the standard specified at 49 CFR
391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption standards.
These factors provide an adequate basis
for predicting each driver’s ability to
continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
Request for Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by November
16, 2011.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 17
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.

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Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: October 6, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–26689 Filed 10–14–11; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2011–001–N–13]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than December 16, 2011.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 17,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–0556 .’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
SUMMARY:

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64173

Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices
6216 or (202) 493–6497, or via e-mail to
Mr. Brogan at robert.brogan@dot.gov, or
to Ms. Toone at kim.toone@dot.gov.
Please refer to the assigned OMB control
number in any correspondence
submitted. FRA will summarize
comments received in response to this
notice in a subsequent notice and
include them in its information
collection submission to OMB for
approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590 (telephone:
(202) 493–6132). (These telephone
numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law No. 104–13, § 2, 109
Stat. 163 (1995) (codified as revised at
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 for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection

activities regarding (i) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
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; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)–(iv); 5 CFR
1320.8(d)(1)(I)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
currently approved ICR that FRA will

submit for clearance by OMB as
required under the PRA:
Title: U.S. Locational Requirement for
Dispatching U.S. Rail Operations.
OMB Control Number: 2130–0556.
Abstract: Part 241 requires, in the
absence of a waiver, that all dispatching
of railroad operations that occurs in the
United States be performed in this
country, with a minor exception. A
railroad is allowed to conduct
extraterritorial dispatching from Mexico
or Canada in emergency situations, but
only for the duration of the emergency.
A railroad relying on the exception must
provide written notification of its action
to the FRA Regional Administrator of
each FRA region in which the railroad
operation occurs; such notification is
not required before addressing the
emergency situation. The information
collected under this rule will be used as
part of FRA’s oversight function to
ensure that extraterritorial dispatchers
comply with applicable safety
regulations. FRA estimates that
approximately one (1) Notification per
year will be sent to the appropriate FRA
Regional Administrators regarding
dispatching under the circumstances
described above. It is estimated that it
will take the dispatching railroad
approximately eight (8) hours to prepare
each notification letter and send it to the
appropriate FRA Regional
Administrator.
Affected Public: Railroads.
Respondent Universe: 4 Railroads.
Frequency of Submission: On
Occasion.

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REPORTING BURDEN
CFR section

Respondent universe

Total annual
responses

Average time per
response

241.9—Prohibition against extraterritorial dispatching; exceptions—Notification.
241.11—Prohibition against conducting a
railroad operation dispatched by an
extraterritorial dispatcher; exceptions.

4 railroads .................

1 notification .............

8 hours .....................

8 hours.

4 railroads .................

Included under
§ 241.9.

Included under
§ 241.9.

Included under § 241.9.

241.13—Prohibitions against track owner’s
requiring or permitting use of its line for a
railroad operation dispatched by an
extraterritorial dispatcher; exceptions.
241.15—Penalties—False Reports/Records ..

4 railroads ..........

Included under
§ 241.9.

Included under
§ 241.9.

Included under
§ 241.9.

Included under
§ 241.9.

$628 ...................

None ...................

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

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

N/A.

Total Responses: 1.
Estimated Total Annual Burden: 8
hours.
Status: Extension of a Currently
Approved Collection.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a

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respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.

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Total annual burden
hours

Issued in Washington, DC, on October 6,
2011.
Kimberly Coronel,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. 2011–26592 Filed 10–14–11; 8:45 am]
BILLING CODE 4910–06–P

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