62622 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

or reentry operation involving human 

participants will meet the risk criteria 

and requirement to ensure public safety. 

DATES: Written comments should be 

submitted by October 12, 2023. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Charles Huet by email at: Charles.huet@

faa.gov; phone: 202–267–7427. 

SUPPLEMENTARY INFORMATION: 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

OMB Control Number: 2120–0720. 

Title: Human Space Flight 

Requirements for Crew/Space Flight 

Participants. 

Form Numbers: There are no FAA 

forms associated with this collection. 

Type of Review: Renewal of an 

information collection. 

Background: The Federal Register 

notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on January 30, 2023 (88 FR 5956). There 

were no comments. In accordance with 

the Paperwork Reduction Act of 1995, 

FAA invites public comments about our 

intention to request the Office of 

Management and Budget (OMB) 

approval to renew an information 

collection. The FAA established 

requirements for human space flight and 

space flight participants required by the 

Commercial Launch Amendment of 

2004. The information collected is used 

by the FAA to ensure human space 

flight requirements compliance by a 

licensee or permitee with crew or a 

space flight participant on board a 

licensed or permitted vehicle. 

Respondents: All commercial space 

entities that propose to conduct a 

launch or reentry with flight crew or 

space flight participants on board must 

comply with this collection. 

Frequency: On Occasion. 

Estimated Average Burden per 

Response: 4 Hours. 

Estimated Total Annual Burden: 808 

Hours. 

Issued in Washington, DC. 

James A. Hatt, 

Space Policy Division Manager, Office of 

Commercial Space Transportation. 

[FR Doc. 2023–19569 Filed 9–11–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0089] 

Entry-Level Driver Training: 

Application for Exemption; Alaska’s 

Ice Road Driving School 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

denial of application for exemption. 

SUMMARY: FMCSA announces its 

decision to deny the application from 

Alaska’s Ice Road Driving School 

requesting an exemption from certain 

portions of the behind-the-wheel (BTW) 

entry-level driver training (ELDT) 

requirements for driver trainees. The 

applicant explained that because of the 

unique road system and challenging 

terrain in Alaska, it is difficult to adhere 

to the driver training regulations, and 

further explained that the road 

configurations lead to only a few major 

established safe road systems in Alaska. 

The applicant believes that the road 

skills test for a Commercial Driver’s 

License (CDL) applicant can safely be 

administered by the State test examiner 

because set routes can be established 

and approved without the CDL 

applicant completing certain portions of 

the mandatory BTW training. FMCSA 

analyzed the application and 

determined that the exemption would 

not likely achieve a level of safety that 

is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–2722 or 

richard.clemente@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2023–0089’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘View Related Comments.’’ 

If you do not have access to the 

internet, you may view the docket by 

visiting Dockets Operations on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., ET, Monday through Friday, 

except Federal holidays. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain 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 also 

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 decision of the Agency must be 

published 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 also specify the 

effective period (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulatory Requirements 

Under 49 CFR 383.3(e) the State of 

Alaska may waive certain knowledge 

and skills tests requirements and issue 

restricted CDLs, subject to certain 

conditions. To be eligible for a restricted 

CDL under 49 CFR 383.3(e), which is 

not valid outside Alaska, drivers must 

operate exclusively over roads that are 

not connected to the State highway 

system and are not connected to any 

highway or vehicular way with an 

average daily traffic volume greater than 

499 (§ 383.3(e)(2)). The Federal Highway 

Administration, FMCSA’s predecessor 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62623 

1https://railroads.dot.gov/elibrary/mechanicalinspections-and-wheel-impact-load-detectorstandards-trains-transporting-large. 

agency, set the daily traffic volume limit 

at 499 in 1996 (54 FR 33230). 

The ELDT regulations, implemented 

on February 7, 2022, and set forth in 49 

CFR 380, subparts F and G, established 

minimum training standards for 

individuals applying for certain CDLs 

and defined curriculum standards for 

theory and BTW training. The ELDT 

curriculum in 49 CFR part 380, 

appendix A, section A3.1, requires Class 

A CDL applicants to demonstrate 

proficiency in proper techniques for 

initiating vehicle movement, executing 

left and right turns, changing lanes, 

navigating curves at speed, entry and 

exit on the interstate or controlled 

access highway, and stopping the 

vehicle in a controlled manner. Under 

49 CFR 380.603(a)(2), drivers issued a 

restricted CDL by the State of Alaska are 

exempt from the ELDT requirements. 

Applicant’s Request 

Alaska’s Ice Road Driving School 

seeks an exemption from the 

requirements, set forth in 49 CFR part 

380, Appendices A and B, that driver 

trainees seeking a Class A or Class B 

CDL demonstrate proficiency in BTW 

maneuvers related to entering the on 

ramp, exiting the off ramp, right turns, 

and left turns. The applicant states that 

due to Alaska’s unique road system they 

believe that the exemption would 

benefit Alaska’s driver training schools 

and give them confidence to take on 

prospective students and complete the 

required BTW training safely. Alaska’s 

Ice Road Driving School requests the 

exemption regarding routing 

prescriptions that are specific to exact 

off and on ramps, and right and left 

turns, adding that it will aid in the safe 

administration of road tests by the 

Alaska State Department of Motor 

Vehicles. The applicant seeks the 

exemption on behalf of itself and all 

State and local commercial driving 

schools in Alaska as well as individuals 

qualified as third-party testers in the 

State of Alaska. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

Alaska’s Ice Road Driving School 

believes that the specified portions of 

the ELDT regulation could be waived 

safely by allowing the school and the 

State of Alaska to prescribe routes based 

upon the area in which the road skills 

exam would be administered. The 

applicant further believes that the road 

skills test for a CDL applicant can safely 

be administered by the State test 

examiner as set routes can be 

established and approved without the 

CDL applicant completing certain 

portions of the mandatory BTW 

training. 

V. Public Comments 

On April 20, 2023, FMCSA published 

Alaska’s Ice Road Driving School’s 

application and requested public 

comment [88 FR 24463]. The Agency 

received no comments in response to 

the notice. 

VI. FMCSA Safety Analysis and 

Decision 

FMCSA evaluated Alaska’s Ice Road 

Driving School application and denies 

the exemption request. The applicant 

failed to establish that they would 

maintain a level of safety equivalent to, 

or greater than, the level achieved 

without the exemption. Granting the 

exemption would result in drivers 

receiving a CDL even though they had 

not demonstrated proficiency in the 

three driving skills from which 

exemption is requested. In addition, on 

December 28, 2022, the Agency granted 

an exemption to the State of Alaska [87 

FR 79932] which allows the State to 

waive specified portions of the CDL 

skills test for drivers in 14 defined 

geographical areas that lack 

infrastructure to allow completion of the 

full skills test. Drivers who receive a 

restricted CDL under the provisions of 

the 2022 exemption are also exempt 

from the ELDT regulations. The relief 

requested by Alaska’s Ice Road Driving 

School falls within the scope of that 

exemption to the extent that drivers 

would not be subject to ELDT 

requirements if, pursuant to the 2022 

exemption, they received a restricted 

CDL allowing them to operate a 

commercial motor vehicle only within 

14 designated geographical areas of the 

State. This exemption for the State of 

Alaska is effective from December 28, 

2022, through December 30, 2024. The 

Agency does not believe it is 

appropriate to grant a State-wide 

exemption when the previous 

exemption provides a targeted solution 

in 14 specific regions of the State where 

there are challenges to achieving full 

compliance with the rules. In addition, 

there were no comments filed in 

support of Alaska’s Ice Road Driving 

School’s request. 

For the above reasons, Alaska’s Ice 

Road Driving School’s exemption 

application is denied. 

Earl Stanley Adams, Jr., 

Deputy Administrator. 

[FR Doc. 2023–19614 Filed 9–11–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2023–04; High-Impact 

Wheels Causing Damage to Rails and 

Track Structures 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of safety advisory. 

SUMMARY: This Safety Advisory 

recommends railroads utilize Wheel 

Impact Load Detectors (WILD) to 

properly identify and replace highimpact railcar wheels that could cause 

significant damage to rails and 

supporting track structures. FRA’s 

preliminary investigation of a recent 

train derailment in Gothenburg, 

Nebraska, indicates that high-impact 

wheels damaged the rail the train was 

operating over and caused the 

derailment. Current industry practices 

for using WILDs to identify and replace 

high-impact wheels could help prevent 

such incidents in the future. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles P. King, Director, Office of 

Railroad Infrastructure and Mechanical 

Equipment, at telephone: 202–329–5031 

or email: Charles.King@dot.gov. 

Disclaimer: This Safety Advisory is 

considered guidance pursuant to DOT 

Order 2100.6A (June 7, 2021). Except 

when referencing laws, regulations, 

policies, or orders, the information in 

this Safety Advisory does not have the 

force and effect of law and is not meant 

to bind the public in any way. This 

document does not revise or replace any 

previously issued guidance. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2015, FRA issued Safety Advisory 

2015–01 recommending, among other 

things, the use of WILDs to improve 

safety,1 recognizing the potential value 

of these wayside detection systems, if 

they are appropriately installed, 

maintained, and utilized. FRA 

recommended railroads continue to 

install and maintain WILDs along 

certain routes and monitor their 

measurements to determine when to 

replace wheels. In that Safety Advisory, 

FRA also recommended that railroads 

lower the impact threshold for action to 

replace the wheels on any car in a highhazard flammable train. 

WILDs supplement, and do not 

substitute, the existing wheel 


lotter on DSK11XQN23PROD with NOTICES1