Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 77139 

does not appear in the related regulation or 

preamble. I also note that, after the agency issued 

the final rule and associated Federal Register 

notice, the D.C. Circuit—in upholding a remand 

decision that embraced both the abandonment and 

discontinuance exemption proceedings—stated that 

the ‘‘originally proposed definition of ‘out of 

service,’ which encompassed only rail lines 

carrying no traffic at all for at least two years, had 

been expanded in the final rule to include lines 

carrying overhead traffic, i.e., traffic that neither 

originates nor terminates on a line and can be 

rerouted over other lines.’’ Ill. Com. Comm’n v. ICC, 

848 F.2d 1246, 1249 (D.C. Cir. 1988) (emphasis 

added). 

2As part of the rulemaking process, the Board 

should consider any necessary protections for when 

a carrier-specific certification would raise problems 

relevant to carrying out the RTP, particularly with 

respect to competition. But precedent shows such 

problems are far from the norm. The suggested 

future rulemaking could also address any problems 

or inconsistencies with the agency’s treatment of 

atypical cases. See e.g., Consol. R. Corp.— 

Exemption—Aban. of the Weirton Secondary Track 

in Harrison & Tuscarawas, Cntys., Ohio, AB 176 

(ICC decided June 7, 1989) (revoking a class 

exemption as applied to the proposed abandonment 

at issue and finding that a more thorough review 

of the transaction was necessary to carry out the 

national rail transportation policy). 

separately to suggest that the Board 

ought to consider changing this 

regulation. AATR’s appeal 

understandably cites an extensive list of 

cases in which the agency has allowed 

carrier-specific ‘‘no local traffic’’ 

certifications via the notice process, 

(AATR Appeal 8–9), and—in 

considering this overwhelming 

precedent—I find that the Board, to 

carry out the rail transportation policy 

(RTP) at 49 U.S.C. 10101, need not 

routinely subject carriers to the 

different, more burdensome petition 

process in similar future cases. Over 

more than 30 years, the Board has 

rightly saved taxpayers and many 

entities, including small businesses, 

substantial resources by cutting up to 90 

days out of the exemption process and 

eliminating a significant number of 

unneeded filings and decisions. See 49 

CFR part 1121 (procedures for petitions 

for exemption), 49 CFR 1152.60 (special 

rules for abandonment and 

discontinuance petitions for 

exemptions); 49 CFR 1152.50 (exempt 

abandonments and discontinuances); 

see also 49 U.S.C. 10101(2) (minimizing 

the need for regulatory control over the 

rail transportation system), section 

10101(7) (reducing regulatory barriers to 

entry and exit), section 10101(15) 

(providing for expeditious handling of 

proceedings). Though not the highest 

agency priority, the Board should 

consider, at the appropriate time, 

amending its discontinuance exemption 

regulations to allow carrier-specific 

certifications and once again achieve 

these savings.2

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2023–24672 Filed 11–7–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. 2023–1340] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of Renewed Approval of 

Information Collection: Pilots 

Convicted of Alcohol or Drug-Related 

Motor Vehicle Offenses or Subject to 

State Motor Vehicle Administrative 

Procedure 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 Federal Register Notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on June 8, 

2023. The collection involves receiving 

and maintaining correspondence 

required to be sent to the FAA from 

pilots who have been involved in a 

drug- or alcohol-related motor vehicle 

action. The information to be collected 

will be used to and/or is necessary 

because the FAA must identify airmen 

with multiple drug- or alcohol-related 

motor vehicle actions and verify traffic 

conviction information in order to 

support the FAA’s Aviation Safety, 

Office of Aerospace Medicine, 

Aerospace Medical Certification 

Division, for their requirements to 

evaluate the qualifications of that 

airman to hold a medical certificate. 

DATES: Written comments should be 

submitted by December 8, 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 particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Marks by email at: 

Christopher.Marks@faa.gov; phone: 

405–954–2789. 

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: 2120–0543. 

Title: Pilots Convicted of Alcohol or 

Drug-Related Motor Vehicle Offenses or 

Subject to State Motor Vehicle 

Administrative Procedure. 

Form Numbers: FAA Form 1600–85 

has been created since the 60 day FRN 

has been published. 

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 June 8, 2023 (88 FR 37596). After a 

study and audit conducted from the late 

1970’s through the 1980’s by the 

Department of Transportation, Office of 

the Inspector General, (DOT/OIG), the 

DOT/OIG recommended the FAA find a 

way to track alcohol abusers and those 

dependent on the substance that may 

pose a threat to the National Airspace 

(NAS). Through a Congressional act 

issued in November of 1990, the FAA 

established a Driving Under the 

Influence (DUI) and Driving While 

Intoxicated (DWI) Investigations Branch. 

The final rule for this program is found 

in Title 14 Code of Federal Regulations 

(CFR)—Part 61 § 61.15. 

This regulation calls for pilots 

certificated by the FAA to send 

information regarding Driving Under the 

Influence (or similar charges) of alcohol 

and/or drugs to the FAA within 60 days 

from either an administrative action 

against their driver’s license and/or 

criminal conviction. Part of the 

regulation also calls for the FAA to seek 

certificate action should an airman be 

involved in multiple, separate drug/ 

alcohol related motor vehicle incidents 

within a three-year period. Information 

sent by the airmen is used to confirm or 

refute any violations of these 

regulations, as well as by the Civil 

Aerospace Medical Institute (CAMI) for 

medical qualification purposes. 

Collection by CAMI is covered under a 

separate OMB control number 2120– 

0034. 

An airman is required to provide a 

written report, with the following 

information: name, address, date of 

birth, airman certificate number, the 

type of violation which resulted in the 


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77140 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 

conviction or administrative action, the 

state which holds the records or action, 

and a statement of whether the motor 

vehicle action resulted from the same 

incident or arose out of the same factual 

circumstances related to a previously 

reported motor vehicle action. A privacy 

act statement and a new FAA form 

number 1600–85 was created and added 

to the online submission portal. 

Respondents: 480 FAA airmen with 

drug and alcohol related motor vehicle 

actions provide approximately 599 

reports per year over the last three years. 

Frequency: On occasion. 

Estimated Average Burden per 

Response: 30 minutes. 

Estimated Total Annual Burden: 30 

minutes per report and 299.5 hours for 

all reports annually. 

Issued in Oklahoma City, OK, on 

November 3, 2023. 

Christopher Marks, 

Security Specialist, Security & Hazardous 

Materials Safety/Enforcement Standards & 

Policy Division, AXE–900. 

[FR Doc. 2023–24716 Filed 11–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2023–0029] 

Biannual Request for Information on 

the Status of the Electric Vehicle (EV) 

Charger Industry 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for information 

(RFI). 

SUMMARY: On February 21, 2023, FHWA 

established a Build America, Buy 

America (BABA) implementation plan 

by publishing a temporary public 

interest waiver of Buy America 

requirements for steel, iron, 

manufactured products, and 

construction materials in electric 

vehicle (EV) chargers. This short-term, 

temporary waiver was structured to 

enable EV charger acquisition and 

installation to immediately proceed 

while also ensuring the application of 

Buy America to EV chargers by the 

phasing out of the waiver over time. 

While promulgating the final waiver, 

FHWA announced that it would 

conduct biannual RFIs to receive 

information on the status of the EV 

charger industry. Requests for comment 

include, but are not limited to, the 

number of chargers recently produced 

by EV charger manufacturers, 

projections on chargers expected to be 

produced, and the number of EV 

chargers recently purchased by 

recipients of Federal financial assistance 

and projected to be purchased by 

recipients of Federal financial assistance 

in the near future. 

DATES: Comments must be received on 

or before December 26, 2023. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit comments by only one of 

the following ways: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m. E.T., 

Monday through Friday, except Federal 

holidays. The telephone number is (202) 

366–9329. 

• Instructions: You must include the 

agency name and docket number at the 

beginning of your comments. Except as 

described below under the heading 

‘‘Confidential Business Information,’’ all 

submissions received, including any 

personal information provided, will be 

posted without change or alteration to 

www.regulations.gov. For more 

information, you may review the U.S. 

DOT’s complete Privacy Act Statement 

published in the Federal Register on 

April 11, 2000 (65 FR 19477). 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Brian Hogge, FHWA Office 

of Infrastructure, (202) 366–1562, or via 

email at Brian.Hogge@dot.gov. For legal 

questions, please contact Mr. David 

Serody, FHWA Office of the Chief 

Counsel, (202) 366–4241, or via email at 

David.Serody@dot.gov. Office hours for 

FHWA are from 8 a.m. to 4:30 p.m., 

E.T., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of this notice, all comments 

received on this notice, and all 

background material may be viewed 

online at www.regulations.gov using the 

docket number listed above. Electronic 

retrieval assistance and guidelines are 

also available at www.regulations.gov. 

An electronic copy of this document 

also may be downloaded from the Office 

of the Federal Register’s website at: 

www.FederalRegister.gov and the U.S. 

Government Publishing Office’s website 

at: www.GovInfo.gov. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this notice 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this notice, it is important 

that you clearly designate the submitted 

comments as CBI. 

You may ask FHWA to give 

confidential treatment to information 

you give to the Agency by taking the 

following steps: (1) Mark each page of 

the original document submission 

containing CBI as ‘‘Confidential’’; (2) 

send FHWA, along with the original 

document, a second copy of the original 

document with the CBI deleted; and (3) 

explain why the information you are 

submitting is CBI. The FHWA will 

protect confidential information 

complying with these requirements to 

the extent required under applicable 

law. If DOT receives a FOIA request for 

the information that the applicant has 

marked in accordance with this notice, 

DOT will follow the procedures 

described in its FOIA regulations at 49 

CFR 7.29. Only information that is 

marked in accordance with this notice 

and ultimately determined to be exempt 

from disclosure under FOIA and § 7.29 

will not be released to a requester or 

placed in the public docket of this 

notice. Submissions containing CBI 

should be sent to: Mr. Brian Hogge, 

FHWA, 1200 New Jersey Avenue SE, 

HICP–20, Washington, DC 20590 via 

mail or via email at brian.hogge@

dot.gov. Any comment submissions that 

FHWA receives that are not specifically 

designated as CBI will be placed in the 

public docket for this matter. 

Background 

On August 31, 2022, FHWA issued a 

notice of a proposed waiver of Buy 

America requirements for EV chargers, 

at 87 FR 53539 (‘‘Proposed Waiver’’). 

After reviewing the comments received, 

on February 21, 2023, FHWA 

established a BABA Implementation 

Plan for EV charging equipment through 

a temporary public interest waiver of 

Buy America requirements for steel, 

iron, manufactured products, and 

construction materials in EV chargers 

under 23 U.S.C. 313 and section 70914 


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