15362 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 procedures 

for requesting an exemption (including 

renewals) are set out in 49 CFR part 381. 

Exemption Decision 

This notice addresses 22 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

22 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Michael L. Ayers 

Paul V. Daluisio 

Tracy A. Doty 

Matthew A. Ericson 

Charles W. Hillyer 

Stephen R. Jackson 

Wesley J. Jenkins 

Richard H. Johnson 

Darrel R. Martin 

James W. McGhee 

James P. Mittlefehldt 

Robert E. Morrison 

Pahl M. Olson 

Craig P. Osborn 

Wayne Resch 

James L. Rooney 

James E. Russell 

Robert C. Sellers, Jr. 

Richard L. Sturk 

Wayne A. Whitehead 

Charles F. Wotring 

Forrest L. Wright 

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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The 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 

31315, each of the 22 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (74 FR 15884; 74 FR 

7097). Each of these 22 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 April 20, 

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 22 

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. 

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: March 10, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–6469 Filed 3–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. FRA–2011–0001–N–3] 

Federal Railroad Administration 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Requirement (ICR) abstracted 

below is being forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collection 

and its expected burden. The Federal 

Register notice with a 60-day comment 

period soliciting comments on the 

following collection of information was 

published on January 13, 2011 (76 FR 

2441). 

DATES: Comments must be submitted on 

or before April 20, 2011. 

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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15363 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Safety, 

Planning and Evaluation Division, RRS– 

21, Federal Railroad Administration, 

1200 New Jersey Ave., SE., 3rd Floor, 

Mail Stop 25, 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., 3rd Floor, 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 104–13, Section 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 issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On January 13, 

2011, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on this ICR for which the agency was 

seeking OMB approval. 76 FR 2441. 

FRA received no comments in response 

to this notice. 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30 day notice is 

published. 44 U.S.C. 3507 (b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 30 

day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summary below describes the 

nature of the information collection 

requirement (ICR) and the expected 

burden for the ICR being submitted for 

clearance by OMB as required by the 

PRA. 

Title: Reflectorization of Freight 

Rolling Stock. 

OMB Control Number: 2130–0566. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Businesses. 

Abstract: The Federal Railroad 

Administration (FRA) issued this 

regulation to mandate the 

reflectorization of freight rolling stock 

(freight cars and locomotives) to 

enhance the visibility of trains in order 

to reduce the number and severity of 

accidents at highway-rail grade 

crossings in which train visibility acted 

as a contributing factor. The information 

collected is used by FRA to ensure that 

railroads/car owners follow the 

schedule established by the regulation 

for placing retro-reflective material on 

the sides of freight rolling stock (freight 

cars and locomotives) in order to 

improve the visibility of trains. The 

information is also used by FRA to 

confirm that railroads/car owners meet 

the prescribed standards for the 

application, inspection, and 

maintenance of the required retroreflective material. 

Form Number(s): FRA F 6180.113. 

Annual Estimated Burden Hours: 

18,044 hours. 

ADDRESSES: Send comments regarding 

this information collection to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 725 

Seventeenth Street, NW., Washington, 

DC 20503, Attention: FRA Desk Officer. 

Comments may also be sent via e-mail 

to OMB at the following address: 

oira_submissions@omb.eop.gov. 

Comments are invited on the 

following: Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; the accuracy of the 

Department’s estimate of the burden of 

the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC, on March 15, 

2011. 

Kimberly Coronel, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. 2011–6480 Filed 3–18–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of title 49 

Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

American Short Line and Regional 

Railroad Association 

[Waiver Petition Docket Number FRA–2009– 

0078] 

In response to the American Short 

Line and Regional Railroad 

Association’s (ASLRRA) July 16, 2009, 

petition in this docket, FRA granted 

certain identified ASLRRA member 

railroads limited conditional relief from 

the Federal hours of service law (HSL; 

49 U.S.C. chapter 211). Specifically, 

FRA granted the identified ASLRRA 

member railroads listed on ASLRRA’s 

‘‘Seconded Amended Exhibit A’’ in this 

docket relief from 49 U.S.C. 

21103(a)(4)(A). (See FRA letter dated 

March 5, 2010; document number— 

0008.1 in docket). Section 

21103(a)(4)(A) mandates that train 

employees have 48- or 72-hour off-duty 

periods following the initiation of onduty periods on either 6 or 7 

consecutive days. 

By a letter dated November 29, 2010, 

ASLRRA notified FRA of an error in its 

‘‘Second Amended Exhibit A’’ upon 

which FRA based its initial grant of 

relief. (See document number—0091.1 

in docket). Specifically, ASLRRA 

notified FRA that one ASLRRA member 

railroad, the Brownsville & Rio Grande 

International Railroad (BRG), was 

inadvertently omitted from the amended 

exhibit. Noting that BRG had properly 

executed the application agreeing to 

participate in ASLRRA’s petition and 

proposed pilot project, and had already 

filed evidence of its employee 

concurrence with the waiver in the 

docket as required by FRA’s March 5, 

2010, letter, ASLRRA requested that 

FRA add BRG to the list of railroads 

participating in the waiver. FRA has 

done so, subject to public comment on 

BRG’s participation in the waiver. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

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