15754 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 

Respondents: Medical examiners: 

Advanced Practice Nurses (APNs), 

Doctors of Chiropractic (DCs), Doctors of 

Osteopathy (DOs), Medical Doctors 

(MDs), and Physician Assistants (PAs) 

who are currently performing FMCSA 

physical examinations of CMV drivers. 

Estimated Number of Respondents: 

4,300 respondents [4,000 respondents 

for the survey + 300 respondents (150 

medical examiners + 150 drivers per onsite observation) = 4,300 respondents]. 

Estimated Time per Response: 30 

minutes to complete the survey and 5 

minutes each for the medical examiner 

and driver to complete the observation 

consent forms. 

Expiration Date: N/A. This is a new 

information collection. 

Frequency of Response: This is a onetime survey. 

Estimated Total Annual Burden: 

2,025 hours. The estimated annual 

burden is 2,000 hours for the 

completion of the survey based on the 

following requirement for statistical 

significance: 800 responses from each of 

at least five of the medical examiner 

professional categories; [4,000 

respondents per survey × 30 minutes/60 

minutes per respondent = 2,000 hours]. 

Observation consent forms—The 

estimated annual burden is 25 hours for 

the completion of the observation 

consent forms based on the following 

requirement for statistical significance: 

[300 respondents (150 medical 

examiners + 150 drivers) × 5 minutes/ 

60 minutes per on-site observation = 25 

hours]. The estimated total annual 

burden is 2,025 hours [2,000 hours for 

completion of the survey + 25 hours for 

completion of the observation consent 

forms = 2,025 hours]. 

Background 

FMCSA estimates that there are 

approximately four to five million active 

interstate drivers subject to FMCSA’s 

medical standards. Interstate CMV 

drivers are required to have a medical 

examination every two years at a 

minimum or more frequently at the 

discretion of the medical examiner. A 

medical certificate is typically valid for 

two years after the date of examination, 

so it is estimated that a minimum of two 

to three million medical examinations 

are conducted each year. In the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA-LU) (Pub. L. 109–59, 

119 Stat. 1144; August 10, 2005) 

Congress supports comprehensive 

improvements in the FMCSA medical 

program, including improving the 

quality of the interstate CMV driver 

physical qualification examination. 

There has been no research to date that 

captures the decisionmaking and 

performance of medical examiners who 

determine the physical qualifications of 

CMV drivers operating throughout the 

United States. In addition, there has 

been no systematic consideration of 

medical examiner perceptions of 

difficulties or uncertainties associated 

with the examination process. 

A Working Integrated Product Team 

(WIPT) of medical examiner peers 

experienced in conducting CMV driver 

physical qualification examinations will 

review the methodology and materials 

for the study, and data gained from 150 

direct observations of physical 

examinations of CMV drivers. Results of 

the Medical Examiner Performance 

Study would ultimately be used to 

develop recommendations for 

improving the overall physical 

qualification process and achieve 

FMCSA’s goals of reducing crash rates, 

injuries, and fatalities involving large 

trucks and buses. 

This initiative is separate from the 

earlier National Registry of Certified 

Medical Examiner survey announced on 

September 29, 2005 (70 FR 56964), the 

primary intent of which is to identify 

those tasks most critical to competent 

job performance via a role delineation 

study. 

Public Comments Invited: We 

particularly request comments on: The 

necessity of the collection of 

information for FMCSA to meet its goal 

of reducing truck and bus crashes and 

its usefulness to this goal; the accuracy 

of the estimate of the burden of the 

information collection; ways to enhance 

the quality, utility and clarity of the 

information collected; and ways to 

minimize the burden of the collection of 

information on respondents, including 

using automated collection techniques 

or other forms of information 

technology. 

Issued on: March 20, 2007. 

Rose A. McMurray, 

Chief Safety Officer, Assistant Administrator. 

[FR Doc. E7–5741 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Research & Innovative Technology 

Administration 

[Docket: OST–2007–26835] 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Passengers Denied Confirmed 

Space—BTS Form 251 

AGENCY: Research & Innovative 

Technology Administration (RITA), 

Bureau of Transportation Statistics 

(BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, (44 U.S.C. 3501 et 

seq.) this notice announces that the 

Information Collection Request, 

abstracted below, is being forwarded to 

the Office of Management and Budget 

for extension of currently approved 

Report of Passengers Denied Confirmed 

Space. Earlier, a Federal Register Notice 

with a 60-day comment period was 

published on January 19, 2007 (72 FR 

2591). The agency did not receive any 

comments to its previous notice. 

DATES: Written comments should be 

submitted by May 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Bernie Stankus, Office of Airline 

Information, RTS–42, Room 4125, RITA, 

BTS, 400 Seventh Street, SW., 

Washington, DC 20590–0001, 

Telephone Number (202) 366–4387, Fax 

Number (202) 366–3383 or e-mail 

bernard.stankus@dot.gov. 

Comments: Comments should be sent 

to OMB at the address that appears 

below and should identify the 

associated OMB Approval Number 

2138–0018 and Docket 26835. 

SUPPLEMENTARY INFORMATION: 

OMB Approval No. 2138–0018 

Title: Report of Passengers Denied 

Confirmed Space. 

Form No.: BTS Form 251. 

Type Of Review: Extension of a 

currently approved collection. 

Respondents: Large certificated and 

foreign air carriers. 

Number of Respondents: 100. 

Number of Responses: 400 (annual). 

Total Annual Burden: 1,670 hours. 

Needs and Uses: BTS Form 251 is a 

one-page report on the number of 

passengers denied boarding (voluntarily 

and involuntarily), whether the bumped 

passengers were provided alternate 

transportation and/or compensation, 

and the amount of the payment. U.S. 

and foreign air carriers that operate 

scheduled passenger service with large 

aircraft (over 60-seats) must submit 

Form 251. In addition, carriers report 

data from inbound international flights 

because the protections of 14 CFR Part 

250 Oversales do not apply to these 

flights. The report allows the 

Department to monitor the effectiveness 

of its oversales rule and take 

enforcement action when necessary. 

While the involuntarily denied-boarding 

rate has decrease from 4.38 per 10,000 

passengers in 1980 to 1.04 for the nine 

months ended September 2006, the rate 


hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15755 

1Pursuant to 49 CFR 1152.50(d)(2), the railroad 

must file a verified notice with the Board at least 

50 days before the abandonment or discontinuance 

is to be consummated. CNOTP initially indicated in 

its notice of exemption a proposed consummation 

date of May 1, 2007, but because the verified notice 

was filed on March 13, 2007, consummation may 

not take place prior to May 2, 2007. CNOTP has 

been informed by a Board staff member that 

consummation may not take place until May 2, 

2007. 

2 In its verified notice of exemption filed on 

March 13, 2007, CNOTP also requested 

abandonment of a second line segment located 

between milepost NR 215.30 at Helenwood and 

milepost NR 218.60 at New River, in Scott County, 

a distance of 3.30 miles. By letters filed on March 

20, 2007, and on March 21, 2007, CNOTP requests 

that the Board amend its notice. CNOTP indicates 

that, in its notice of exemption and environmental 

report, CNOTP stated that it did not have fee title 

to the entire right-of-way of the line. CNOTP states 

that the line segment between mileposts NR 215.30 

and NR 218.60 is leased from the Trustees of the 

Cincinnati Southern Railway (CSR). According to 

CNOTP, the Trustees hold the CSR property on 

behalf of its owner, the City of Cincinnati, OH. 

CNOTP states that the Trustees are not required to 

file with the Board for authority to abandon this 

line segment or any other part of their line because 

the City, the Trustees, and CSR have never held 

themselves out as a common carrier to provide rail 

service nor have they operated any part of their 

line, but have always leased it to CNOTP. 

Accordingly, CNOTP’s request to amend its March 

13, 2007 notice of exemption will be granted. 

However, CNOTP has been notified that the request 

to discontinue the line segment between mileposts 

NR 215.30 and NR 218.60 requires a separate notice 

of exemption to be filed, accompanied by the 

appropriate filing fee. Therefore, a decision on the 

discontinuance will be handled in a separate 

decision. 

3 In another letter also filed on March 21, 2007 

(March 21 letter), CNOTP clarified the Zip Codes 

and stations for the line segment that is being 

abandoned. 

4On March 15, 2007, Seaside Holdings, Inc. 

(Seaside), filed a notice of intent to file an OFA to 

purchase both line segments. However, because 

CNOTP has now amended its March 13, 2007 

notice, only one line segment between mileposts 

NR 0.00 and NR 12.44 is being abandoned. The 

Board will address Seaside’s request for this line 

segment, and any other requests that may be timely 

filed, in a separate decision. 

5The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

6Each OFA must be accompanied by the filing 

fee, which currently is set at $1,300. See 49 CFR 

1002.2(f)(25). 

7CNOTP, in its March 21 letter, states that at least 

one parcel of the right-of-way is held by CNOTP by 

easement. Therefore, CNOTP contends that it does 

not have a continuous right-of-way that can be 

conveyed for public use. 

is up from the 0.89 attained for the nine 

months ended September 2005. The 

publishing of the carriers’ individual 

denied boarding rates has negated the 

need for more intrusive regulation. The 

rate of denied boarding can be examined 

as a continuing fitness factor. This rate 

provides an insight into a carrier’s 

customer service policy and its 

compliance disposition. A rapid 

sustained increase in the rate of denied 

boarding often is an indicator of 

operational difficulty. Because the rate 

of denied boarding is released quarterly, 

travelers and travel agents can select 

carriers with low bumping incidents 

when booking a trip. This information is 

available in the Air Travel Consumer 

Report at: http:// 

airconsumer.ost.dot.gov/reports/ 

index.htm. The Air Travel Consumer 

Report is also sent to newspapers, 

magazines, and trade journals. Without 

Form 251, the Department would be 

unable to determining the effectiveness 

of the oversales rule. 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note), requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to, 

publication of both Respondent’s 

identity and its data, submission of the 

information to agencies outside BTS for 

review, analysis and possible use in 

regulatory and other administrative 

matters. 

Issued in Washington, DC. 

Donald W. Bright, 

Assistant Director, Airline Information, 

Bureau of Transportation Statistics. 

[FR Doc. E7–6056 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–FE–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–290 (Sub-No. 279X)] 

The Cincinnati, New Orleans and Texas 

Pacific Railway Company—

Abandonment Exemption—in Scott 

County, TN 

The Cincinnati, New Orleans and 

Texas Pacific Railway Company 

(CNOTP), a wholly owned subsidiary of 

Norfolk Southern Railway Company, 

has filed a notice of exemption 1 under 

49 CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 12.44-mile 

line of railroad between milepost NR 

0.00 at New River and milepost NR 

12.44 at Sterling, in Scott County, TN.2

The line traverses United States Postal 

Service Zip Code 37841, and includes 

the former stations of Highway Jct., 

Pemberton, Hunter, Slick Rock, 

Brimstone, and Sterling.3

CNOTP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) no overhead traffic has 

moved over the line for at least 2 years 

and overhead traffic, if there were any, 

could be rerouted over other lines; (3) 

no formal complaint filed by a user of 

rail service on the line (or by a State or 

local government entity acting on behalf 

of such user) regarding cessation of 

service over the line either is pending 

with the Surface Transportation Board 

(Board) or with any U.S. District Court 

or has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements at 49 CFR 

1105.7 (environmental reports), 49 CFR 

1105.8 (historic reports), 49 CFR 

1105.11 (transmittal letter), 49 CFR 

1105.12 (newspaper publication), and 

49 CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on May 2, 

2007, unless stayed pending 

reconsideration.4 Petitions to stay that 

do not involve environmental issues,5

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),6 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 12, 

2007. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 23, 

2007,7 with: Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to CNOTP’s 

representative: James R. Paschall, Senior 

General Attorney, Norfolk Southern 

Corporation, Three Commercial Place, 

Norfolk, VA 23510. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CNOTP has filed environmental and 

historic reports which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by April 6, 2007. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 


hsrobinson on PROD1PC76 with NOTICES