Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 58435 

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. 

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’’ 

(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 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: 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. 

ADDRESSES: 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: 

arlette.mussington@dot.gov or 

telephone: (571) 609–1285 or Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: 

joanne.swafford@dot.gov 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 


ddrumheller on DSK120RN23PROD with NOTICES1
58436 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

1The 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). 

2Totals may not add due to rounding. 

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 

§ 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: 

CFR section Respondent 

universe 

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

272.103(a)—Railroad submission of critical incident stress 

plan (CISP) to FRA for approval.

1 new railroad 1 plan .......................... 12 hours ............... 12.00 $1,031.16 

—(b) Railroad CISP copy to 5 labor organizations ...... 1 new railroad 5 plan copies .............. 5 minutes .............. 0.42 $36.09 

—(c)(1) Rail labor organization comment to FRA on 

CISP submission.

5 employee 

labor organizations.

5 comments ................ 2 hours ................. 10.00 859.30 

—(c)(2) Rail labor affirmative statement to FRA that 

comment copy has been served on railroad.

5 employee 

labor organizations.

5 certifications ............ 5 minutes .............. 0.42 36.09 

—(e) Railroad submission of updated/modified existing CISP to FRA for approval.40 railroads ..... 2 updated/modified 

plans.

6 hours ................. 12.00 1,031.16 

—(f) Copy to RR employees of updated/modified 

CISP.

40 railroads ..... 2,500 copies ............... 5 minutes .............. 208.33 17,901.80 

—(g) Railroads make copies of CISP available to 

FRA inspector upon request.

40 railroads ..... 25 plan copies ............ 5 minutes .............. 2.08 178.73 

272.105—Requirement to file CISP electronically .............. 40 railroads ..... 3 CISP electronic submissions.8 minutes .............. 0.40 34.37 

Total 2 ........................................................................... 40 railroads; 5 

employee 

labor organizations.

2,546 responses ......... N/A ....................... 246 21,109 

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. 

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

BILLING CODE 4910–06–P 

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 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petitions. 

SUMMARY: 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– 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1