32982 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices 

information requested. See 44 U.S.C. 

3501. 

Below is a brief summary of the 

currently approved information 

collection activities that FRA will 

submit for clearance by OMB as 

required under the PRA: 

Title: Control of Alcohol and Drug 

Use in Railroad Operations. 

OMB Control Number: 2130–0526. 

Abstract: The information collection 

requirements contained in preemployment and ‘‘for cause’’ testing 

regulations are intended to ensure a 

sense of fairness and accuracy for 

railroads and their employees. The 

principal information—evidence of 

unauthorized alcohol or drug use—is 

used to prevent accidents by screening 

personnel who perform safety-sensitive 

service. FRA uses the information to 

measure the level of compliance with 

regulations governing the use of alcohol 

or controlled substances. Elimination of 

this problem is necessary to prevent 

accidents, injuries, and fatalities of the 

nature already experienced and further 

reduce the risk of a truly catastrophic 

accident. 

Form Number(s): FRA F 6180.73, 

6180.74, 6180.94A, 61880.94B. 

Affected Public: Businesses. 

REPORTING BURDEN

CFR section Respondent 

universe 

Total annual 

responses 

Average time 

per response 

Total annual 

burden hours 

(hours) 

219.7—Waivers ..................................................................... 100,000 employees 2 letters ................... 2 hours .................. 4 

219.9(b)(2)—Responsibility for compliance .......................... 450 railroads ........... 2 requests ............... 1 hour .................... 2 

219.9(c)—Responsibility for compliance .............................. 450 railroads ........... 10 contracts/docs. ... 2 hours .................. 20 

219.11(d)—Gen’l conditions for chemical tests .................... 450 railroads ........... 30 forms .................. 2 minutes .............. 1 

219.11(g) Training—Alcohol and Drug—Programs: New 

Railroads.

5 railroads ............... 5 programs .............. 3 hours .................. 15 

—Training ...................................................................... 50 railroads ............. 50 training class ...... 3 hours .................. 150 

219.23(d)—Notice to Employee Organizations .................... 5 railroads ............... 5 notices .................. 1 hour .................... 5 

219.104/219.107—Removal from Covered Svc. .................. 450 railroads ........... 500 form letters ....... 2 minutes .............. 17 

—Hearing Procedures ................................................... 450 railroads ........... 50 requests ............. 2 minutes .............. 2 

219.201(c) Good Faith Determination .................................. 450 railroads ........... 2 reports .................. 30 minutes ............ 1 

219..203/207/209—Notifications by Phone to FRA .............. 450 railroads ........... 104 phone calls ....... 10 minutes ............ 17 

219.205—Sample Collection and Handling .......................... 450 railroads ........... 400 forms ................ 15 minutes ............ 100 

—Form covering accidents/incidents ............................. 450 railroads ........... 100 forms ................ 10 minutes ............ 17 

219.209(a)—Reports of Tests and Refusals ........................ 450 railroads ........... 80 phone rpts. ......... 2 minutes .............. 3 

219.209(c)—Records—Tests Not Promptly Conducted ....... 450 railroads ........... 40 records ............... 30 minutes ............ 20

219.211(b) & (c)—Analysis and follow-up—MRO ................ 450 railroads ........... 8 reports .................. 15 minutes ............ 2 

219.401/403/405—Voluntary referral and Co-worker report 

policies.

5 railroads ............... 5 report policies ...... 20 hours ................ 100 

219.405(c)(1)—Report by Co-worker ................................... 450 railroads ........... 450 reports .............. 5 minutes .............. 38 

219.403/405—SAP Counselor Evaluation ............................ 450 railroads ........... 700 reports .............. 30 minutes ............ 350 

219.601(a)—RR Random Drug Testing Programs .............. 5 railroads ............... 5 programs .............. 1 hour .................... 5 

—Amendments .............................................................. 450 railroads ........... 20 amendments ...... 1 hour .................... 20 

219.601(b)(1)—Random Selection Proc.—Drug .................. 450 railroads ........... 5,400 documents .... 4 hours .................. 21,600 

219.601(b)(4); 219.601(d)—Notices to Employees .............. 5 railroads ............... 100 notices .............. 30 seconds ........... 1 

New Railroads ....................................................................... 5 railroads ............... 5 notices .................. 10 hours ................ 50 

Employee Notices—Tests ..................................................... 450 railroads ........... 25,000 notices ......... 1 minute ................ 417 

219.603(a)—Specimen Security—Notice By Employee 

Asking to be Excused from Urine Testing.

20,000 employees ... 20 doc. excuses ...... 15 minutes ............ 5 

219.607(a)—RR Random Alcohol Testing Programs .......... 5 new railroads ....... 5 programs .............. 8 hours .................. 40 

—Amendments to Approved Program .......................... 450 railroads ........... 20 amendments ...... 1 hour .................... 20 

219.901/903—Retention of Breath Alcohol Testing 

Records; Retention of Urine Drug Testing.

450 railroads ........... 100,500 records ...... 5 minutes .............. 8,375 

—Summary Report of Breath Alcohol/Drug Test .......... 450 railroads ........... 200 reports .............. 2 hours .................. 400 

Respondent Universe: 450 railroads. 

Frequency of Submission: On 

occasion. 

Total Responses: 133,818. 

Estimated Total Annual Burden: 

31,797 hours. 

Status: Extension without Change 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 

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. 

Issued in Washington, DC on June 4, 2010. 

Kimberly Coronel, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. 2010–13936 Filed 6–9–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Request Extension 

From the Office of Management and 

Budget of a Currently Approved 

Information Collection Activity, 

Request for Comments; Certification of 

Airmen for the Operation of LightSport Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FAA invites public 

comments about our intention to request 


cprice-sewell on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices 32983 

the Office of Management and Budget 

(OMB) to approve a current information 

collection. This rule generates a need for 

new designated pilot examiners and 

designated airworthiness 

representatives to support the 

certification of these new aircraft, pilots, 

flight instructors, and ground 

instructors. 

DATES: Please submit comments by 

August 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Carla Scott on (202) 267–9895, or by email at: Carla.Scott@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Certification of Airmen for the 

Operation of Light-Sport Aircraft. 

Type of Request: Extension without 

change of an approved collection. 

OMB Control Number: 2120–0690. 

Forms(s): FAA forms 337, 8610–2, 

8110–14, 8110–28, 8710–11. 

Affected Public: A total of 57,214 

Respondents. 

Frequency: The information is 

collected on occasion. 

Estimated Average Burden per 

Response: Approximately 1.27 hours 

per response. 

Estimated Annual Burden Hours: An 

estimated 72,582 hours annually. 

Abstract: This rule generates a need 

for new designated pilot examiners and 

designated airworthiness 

representatives to support the 

certification of these new aircraft, pilots, 

flight instructors, and ground 

instructors. 

ADDRESSES: Send comments to the FAA 

at the following address: Ms. Carla 

Scott, Room 712, Federal Aviation 

Administration, IT Enterprises Business 

Services Division, AES–200, 800 

Independence Ave., SW., Washington, 

DC 20591. 

Comments Are Invited On: 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 estimates 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. 

Issued in Washington, DC, on June 3, 2010. 

Carla Scott, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, AES–200. 

[FR Doc. 2010–13993 Filed 6–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28480] 

Commercial Driver’s License (CDL) 

Standards: Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final dispositions. 

SUMMARY: FMCSA has denied National 

Agricultural Aviation Association’s 

(NAAA) application for exemption, and, 

in a separate action, has denied U.S. 

Custom Harvesters, Inc.’s (USCHI) 

suggestion for a pilot program. Each 

request asked FMCSA to permit the 

transportation of hazardous materials 

(HM) by drivers who have not obtained 

an HM endorsement for their 

commercial driver’s license (CDL) as 

required by current regulations. FMCSA 

reviewed NAAA’s application for 

exemption and the public comments 

received on it, and also reviewed 

USCHI’s suggestion for a pilot program, 

and rendered each decision upon its 

merits. 

DATES: The NAAA application was 

denied on August 7, 2009, and the 

USCHI suggestion for a pilot program 

was denied on August 11, 2009. 

Dockets: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time, or to 

Room W12–140, DOT Building, 1200 

New Jersey Ave., SE., Washington, DC, 

between 9 a.m. and 5 p.m., e.t., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Office of Bus and 

Truck Standards and Operations; 

Telephone 202–366–4325, E-mail: 

MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

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

FMCSA may grant an exemption from 

certain of its regulations for a 2-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.’’ On July 5, 2007, 

FMCSA published in the Federal 

Register a notice of NAAA’s application 

for exemption (72 FR 36748). The 

complete docket of the NAAA request, 

including public comments, can be 

examined at Docket No. FMCSA–2007– 

28480 (see ‘‘Dockets’’ above). A 

suggestion for a pilot program, such as 

that filed by USCHI, is only published 

for public comment if the FMCSA 

Administrator accepts the proposal (49 

CFR 381.405(b)). 

FMCSA Decision 

NAAA failed to demonstrate 

alternatives its members would employ 

to ensure that their commercial motor 

vehicle (CMV) drivers operating under 

the requested exemption would achieve 

a level of safety equivalent to, or greater 

than, the level of safety that would be 

obtained if they had to comply with the 

regulations, as required by 49 CFR 

381.305(c)(5). USCHI’s proposed pilot 

program, while potentially collecting 

useful data for evaluating alternatives to 

the Federal Motor Carrier Safety 

Regulations (FMCSRs), failed to 

recommend alternative safety measures 

that would ensure that the safety of its 

CMV pilot drivers would be equivalent 

to, or greater than, the level of safety of 

CMV drivers operating without the pilot 

exemptions in place, as required by 49 

CFR 381.410(c)(8). 

NAAA 

NAAA is a trade association 

representing those engaged in the 

commercial application of fertilizer and 

other agricultural products by airplane. 

It states that the requested exemption 

would relieve the difficulty its members 

experience in finding CMV drivers 

qualified to transport aircraft fuel, a 

hazardous material. The exemption 

would allow NAAA drivers to operate 

under the limited exception from the 

CDL rules provided for those engaged in 

certain ‘‘farm-related service industries’’ 

(49 CFR 383.3(f)). States may allow a 

driver so engaged to operate under a 

‘‘restricted CDL’’ without successfully 

completing the CDL knowledge and 

skills tests required by 49 CFR 393.135. 

The operations of NAAA members 

appear to satisfy several of the 

prerequisites for this restricted CDL. 

However, States are required by 49 CFR 

393.3(f)(3)(v) to restrict the HM 

operations conducted by those granted 

restricted CDLs to the transport of solid 

fertilizers and limited quantities of 

diesel fuel or liquid fertilizer. NAAA 

wants FMCSA, by exemption, to allow 

its drivers holding this restricted CDL to 

transport the HM fuels used to power 

aircraft engines. 


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