July 5, 2022, FR Notice (60-Day)

Jul 5, 2022 87 FR 39894 60 DN.pdf

U.S. DOT Crossing Inventory Form

July 5, 2022, FR Notice (60-Day)

OMB: 2130-0017

Document [pdf]
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39894

Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices

comment regarding the two research
studies, the studies do not appear to
have a clear relevance to ICDs and CMVrelated crashes. The commenter did not
include specific citations for the study
information that was referenced. The
Antiarrhythmics Versus Implantable
Defibrillators study appears to evaluate
the efficacy of cardiac medication
treatment over treatment with an ICD
rather than ICD crash risk.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–14226 Filed 7–1–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Basis for Exemption Determination

Federal Railroad Administration

Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of the
applicants’ medical information,
available medical and scientific data
concerning ICDs, and any relevant
public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope or other
unpredictable events known to result in
gradual or sudden incapacitation. ICDs
may discharge, which could result in
loss of ability to safely control a CMV.
The December 2014 focused research
report referenced previously upholds
the findings of the April 2007 report and
indicates that the available scientific
data on individuals with ICDs and CMV
driving does not support that
individuals with ICDs who operate
CMVs are able to meet an equal or
greater level of safety.

[Docket No. FRA–2022–0002–N–13]

III. Conclusion

lotter on DSK11XQN23PROD with NOTICES1

these individuals published today
summarizes the Agency’s recent denials
as required under 49 U.S.C. 31315(b)(4).

The Agency has determined that the
available medical and scientific
literature and research provides
insufficient data to enable the Agency to
conclude that granting these exemptions
would achieve a level of safety
equivalent to, or greater than, the level
of safety maintained without the
exemption. Therefore, the following
applicants have been denied an
exemption from the physical
qualification standards in § 391.41(b)(4):
Timothy Broome (SC); Bryce A. Norman
(CA); Abiud J. Ortuno (FL)
The applicants have, prior to this
notice, received a letter of final
disposition regarding their exemption
request.
The decision letter fully outlined the
basis for the denial and constitute final
action by the Agency. The names of

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17:28 Jul 01, 2022

Jkt 256001

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. 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) abstracted 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
September 6, 2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0017) 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.
John Purnell, Information Collection
Clearance Officer, at email:
john.purnell@dot.gov or telephone:
(202) 713–0246, or Ms. Hodan Wells,
Information Collection Clearance
Officer, at email: hodan.wells@dot.gov
or telephone: (202) 868–9412.
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.
SUMMARY:

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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, FRA reasons that 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
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: U.S. DOT Crossing Inventory.
OMB Control Number: 2130–0017.
Abstract: On January 6, 2015, FRA
published in the Federal Register a final
rule that requires railroads that operate
one or more trains through highway-rail
or pathway crossings to submit
information to the U.S. DOT National
Highway-Rail Crossing Inventory about
the crossings through which they
operate.1 These amendments, mandated
by section 204 of the Rail Safety
Improvement Act of 2008, require
railroads to submit information about
previously unreported and new
highway-rail and pathway crossings to
the U.S. DOT National Highway-Rail
Crossing Inventory, and to periodically
update existing crossing data.
In this 60-day notice, FRA made
multiple adjustments which increased
the previously approved burden hours
from 8,293 hours to 8,663 hours. For
instance:
1 This final rule was subsequently amended on
June 10, 2016, in response to a petition for
reconsideration submitted by the Association of
American Railroads. See 81 FR 37521.

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39895

Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices
• Under § 234.403(a–c), the burden
increased from 34 hours to 1,509 hours
due to changes in the number of
responses—from 1,081 updated records
to 30,018 updated records per year.
FRA’s estimate is based on how
frequently these updates have been
submitted to date.
• Under § 234.405(b), the burden
decreased from 883 hours to 17 hours

annually due to changes in the number
of responses—from 10,600 responses to
200 responses. FRA’s estimate is based
on how frequently these updates have
been submitted to date.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses, States,
and the District of Columbia (DC).

Form(s): FRA F 6180.71.
Respondent Universe: 50 States, DC,
and 667 railroads.
Frequency of Submission: On
occasion.

REPORTING BURDEN
Total annual
responses

Average time per
response

Total annual
burden hours

Total cost
equivalent

(A)

(B)

(C) = A * B

(D) = C * wage 3

50 States/DC & 667
railroads.

338 forms ..................

30 minutes ............

169

$13,013

50 States/DC
railroads.
50 States/DC
railroads.
50 States/DC
railroads.
50 States/DC
railroads.
50 States/DC
railroads.

& 667

30,018 updates .........

3 minutes ..............

1,509

115,577

& 667

836 lists .....................

15 minutes ............

209

16,093

& 667

122,520 records ........

3 minutes ..............

6,126

471,702

& 667

5 requests .................

15 minutes ............

1.25

77

& 667

1 notice ......................

60 minutes ............

1

77

667 railroads .............

15 notices ..................

60 minutes ............

15

1,155

667 railroads .............

5 notices ....................

60 minutes ............

5

385

667 railroads .............

300 assigned inventory members.

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

25

1,925

667 railroads .............

200 provided assigned inventory
numbers.

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

16.6

1,309

CFR section 2

Respondent universe

234.403(a–c)—Submission of data to the U.S. DOT
Highway-Rail Crossing Inventory: Completion of inventory form.
—GCIS update of designated data submitted by railroads & states/DC.
—Excel lists of submitted data .......................................

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—Changes/corrections to Crossing Inventory data submitted via API computer program.
—Written requests by states/DC & railroads for FRA
Crossing Inventory Guide.
(d)—Reporting Crossing Inventory data by state agencies/DC on behalf of railroads: Written notices to
FRA.
(e)(1)—Consolidated reporting by parent corporation on
behalf of its subsidiary railroads: Written notice to
FRA.
(e)(2)—Immediate notification to FRA by parent corporation of any changes in the list of subsidiary railroads for which it reports.
234.405(a)(1)—Initial submission of previously unreported highway-rail and pathway crossings through
which they operate by primary operating railroads:
Providing assigned crossing inventory number to
each railroad that operates one or more trains
through crossing.
—Primary operating railroad providing assigned inventory number to other (2) railroads operating through
crossing.
234.405(b)—Submission of crossing data specified in
the Inventory Guide to the Crossing Inventory.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under
§ 234.403(a–c). Consequently, there is no additional burden associated with this requirement.

(c)—Duty of all operating railroads: Notification to FRA
of previously unreported crossing through which it
operates.
(d)—Incomplete submission by state agency/DC: Written certification by primary operating railroad that
state/DC has not provided requested crossing information.
—Copies of written certification statements to other operating railroads and responsible state agency/DC.
234.407(a)—Submission of initial data to the Crossing
Inventory for new Crossings: Providing assigned inventory numbers for new highway-rail and pathway
crossings through which they operate by primary operating railroads to each railroad that operates one
or more trains through the crossing.

667 railroads .............

10 notices/ .................
notifications ...............

60 minutes ............

10

770

667 railroads .............

70 certification statements.

2 minutes ..............

2.3

154

667 railroads .............

75 certification copies

2 minutes ..............

2.5

231

667 railroads .............

50 assigned inventory
numbers.

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

4.2

308

(b) Each operating railroad must submit accurate inventory forms or electronic equivalent to the FRA
crossing inventory for new highway-rail & pathway
crossings operating on separate tracks.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under
§ 234.407(a). Consequently, there is no additional burden associated with this requirement.

234.409(a)—Submission of periodic updates to the
Crossing Inventory by primary operating railroad.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under
§ 234.403. Consequently, there is no additional burden associated with this requirement.

234.411(a)—Notification/report by railroad to primary
operating railroad of sale of all or part of a highwayrail or pathway on or after June 10, 2016.

667 railroads .............

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18:45 Jul 01, 2022

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400 notices/reports ....

Sfmt 4703

15 minutes ............

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100

7,700

39896

Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices
REPORTING BURDEN—Continued
CFR section 2

Respondent universe

Total annual
responses

Average time per
response

Total annual
burden hours

Total cost
equivalent

(A)

(B)

(C) = A * B

(D) = C * wage 3

(b)—Crossing closure: Submission of Crossing Inventory form by primary operating railroad that closes
highway-rail and pathway crossing.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under
§ 234.403. Consequently, there is no additional burden associated with this requirement.

(c)—Primary operating RR submission of inventory
form for change in crossing characteristics.
234.413(a & b)—Recordkeeping—RR Duplicate copy
of each inventory form submitted in hard copy to the
Crossing Inventory.
—Copy of electronic confirmation received from FRA
after electronic submission of crossing data to Crossing Inventory.

667 railroads .............

1,200 forms ...............

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

100

7,700

667 railroads .............

350 duplicate copies

1 minute ...............

5.8

462

667 railroads .............

265,365 copies ..........

5 seconds .............

368.6

28,413

—List of locations where a copy of any record required
by this Subpart may be accessed and copied.

Duplicate estimate removed. The estimated paperwork burden for these requirements is included under
§ 234.413(a) and § 234.413(b). Consequently, there is no additional burden associated with these requirements.

Total .........................................................................

50 States/DC & 667
railroads.

421,758 responses ....

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

8,663

667,051

2 The

current inventory exhibits a total burden of 8,293 hours while the total burden of this notice is 8,663 hours.
3 FRA uses the STB’s 2020 Full Year Wage A&B Group No. 200, Professional and Administrative, to represent the wage rate for the respondent universe. The average hourly wage rate is $44.25. FRA adds an overhead of 75 percent to the hourly wage for a fully loaded hourly wage of $77.44 ($44.25 * 1.75). FRA rounds the
fully loaded hourly wage rate to $74 for purposes of this ICR.

Total Estimated Annual Responses:
421,758.
Total Estimated Annual Burden:
8,663 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $667,051.
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)
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022–14188 Filed 7–1–22; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–12]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
lotter on DSK11XQN23PROD with NOTICES1

AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICRs) abstracted below. Before
submitting these ICRs to the Office of
Management and Budget (OMB) for

SUMMARY:

VerDate Sep<11>2014

17:28 Jul 01, 2022

Jkt 256001

approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICRs.
DATES: Interested persons are invited to
submit comments on or before
September 6, 2022.
ADDRESSES: Written comments and
recommendations for the proposed ICRs
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. 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: Ms.
Hodan Wells, Information Collection
Clearance Officer, at email:
hodan.wells@dot.gov or telephone: (202)
868–9412.
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 ICRs regarding: (1) whether
the information collection activities are
necessary for FRA to properly execute
its functions, including whether the

PO 00000

Frm 00099

Fmt 4703

Sfmt 4703

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, FRA reasons that 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
information requested. See 44 U.S.C.
3501.
The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: Filing of Dedicated Cars.
OMB Control Number: 2130–0502.
Abstract: Title 49 CFR part 215
contains freight car safety standards,
including conditions for freight cars in
dedicated service. ‘‘Dedicated service’’
means the exclusive assignment of
railroad cars to the transportation of
freight between specified points under

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