1930 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

1Section 4129(a) refers to the 2003 notice as a 

‘‘final rule.’’ However, the 2003 notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

insulin, and is able to drive a CMV 

safely. Mr. Ratliff meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2012 and certified that he has stable 

proliferative diabetic retinopathy. He 

holds a Class A CDL from Texas. 

Richard J. Rembisz 

Mr. Rembisz, 62, has had ITDM since 

2011. His endocrinologist examined him 

in 2012 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Rembisz understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rembisz meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2012 and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from New York. 

Richard L. Smith 

Mr. Smith, 63, has had ITDM since 

2011. His endocrinologist examined him 

in 2012 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Smith understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Smith meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Georgia. 

Darrin L. Stoneberg 

Mr. Stoneberg, 32, has had ITDM 

since 2004. His endocrinologist 

examined him in 2012 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. His endocrinologist certifies 

that Mr. Stoneberg understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Stoneberg meets the vision requirements 

of 49 CFR 391.41(b)(10). His optometrist 

examined him in 2012 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Minnesota. 

Gary J. Tricarico 

Mr. Tricarico, 64, has had ITDM since 

2010. His endocrinologist examined him 

in 2012 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Tricarico understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Tricarico meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2012 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Connecticut. 

Lacy I. Wallace, Jr. 

Mr. Wallace, 65, has had ITDM since 

2012. His endocrinologist examined him 

in 2012 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Wallace understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wallace meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His optometrist examined him in 2012 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from North Carolina. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the notice. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441).1 The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination 

of the requirement for 3 years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136 (e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 

The FMCSA concluded that all of the 

operating, monitoring and medical 

requirements set out in the September 3, 

2003 notice, except as modified, were in 

compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003 notice, 

except as modified by the notice in the 

Federal Register on November 8, 2005 

(70 FR 67777), remain in effect. 

Issued on: December 28, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2013–00227 Filed 1–8–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2013–0002–N–1] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1931 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

renewal of the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements 

(ICRs) for clearance by the Office of 

Management and Budget (OMB), FRA is 

soliciting public comment on specific 

aspects of the activities identified 

below. 

DATES: Comments must be received no 

later than March 11, 2013. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave. SE., Mail Stop 25, 

Washington, DC 20590, or Ms. Kimberly 

Toone, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number 2130–____.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via email to 

Mr. Brogan at Robert.Brogan@dot.gov, or 

to Ms. Toone at 

Kimberly.Toone@dot.gov. Please refer to 

the assigned OMB control number in 

any correspondence submitted. FRA 

will summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave. SE., Mail Stop 25, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. Kimberly Toone, 

Office of Information Technology, RAD– 

20, Federal Railroad Administration, 

1200 New Jersey Ave. SE., Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6132). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, § 2, 109 Stat. 

163 (1995) (codified as revised at 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 for 

comment on information collection 

activities before seeking approval for 

reinstatement or renewal by OMB. 44 

U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 

1320.10(e)(1), 1320.12(a). Specifically, 

FRA invites interested respondents to 

comment on the following summary of 

proposed information collection 

activities regarding (i) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (ii) 

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; (iii) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (iv) ways for FRA to 

minimize the burden of information 

collection activities on the public by 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). See 44 U.S.C. 

3506(c)(2)(A)(I)–(iv); 5 CFR 

1320.8(d)(1)(I)–(iv). FRA believes that 

soliciting public comment will promote 

its efforts to reduce the administrative 

and paperwork burdens associated with 

the collection of information mandated 

by Federal regulations. In summary, 

FRA reasons that comments received 

will advance three objectives: (i) Reduce 

reporting burdens; (ii) ensure that it 

organizes information collection 

requirements in a ‘‘user friendly’’ format 

to improve the use of such information; 

and (iii) accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

Below is a brief summary of the 

currently approved ICRs that FRA will 

submit for clearance by OMB as 

required under the PRA: 

Title: Passenger Equipment Safety 

Standards. 

OMB Control Number: 2130–0544. 

Abstract: The information gained 

from daily inspections is used to detect 

and correct equipment problems so as to 

prevent collisions, derailments, and 

other occurrences involving railroad 

passenger equipment that cause injury 

or death to railroad employees, railroad 

passengers, or to the general public; and 

to mitigate the consequences of any 

such occurrences, to the extent that they 

cannot be prevented. The information 

provided promotes passenger train 

safety by ensuring requirements are met 

for railroad equipment design and 

performance; fire safety; emergency 

systems; the inspection, testing, and 

maintenance of passenger equipment; 

and other provisions for the safe 

operation of railroad passenger 

equipment. 

Affected Public: Businesses. 

Respondent Universe: 27 railroads. 

Frequency of Submission: On 

occasion; annually. 

REPORTING BURDEN

CFR Section Respondent universe Total annual responses Average time per 

response 

Total annual 

burden hours 

229.47: Emergency Brake Valve—Stenciling Locomotives 27 railroads .................. 30 stencillings .............. 1 minute ....................... 1 

Stenciling: DMU, MU, Cab Control Locomotives.27 railroads .................. 5 stencillings ................ 1 minute ....................... .08 

238.7 Waivers ...................................................... 27 railroads .................. 5 waivers ...................... 2 hours ......................... 10 

238.15: Movement of Passenger Equip. w/power 

brake defects: Limitations on movement found 

during Class I/IA Brake Test 

27 railroads .................. 1,000 tags/cards .......... 3 minutes ..................... 50 

Limitations on movement of passenger 

equip. in passenger service that becomes 

defective en route after Class I/IA brake 

test.

27 railroads .................. 288 tags/cards ............. 3 minutes ..................... 14 

Conditional Requirement: Notifications ........ 27 railroads .................. 144 Notifications .......... 3 minutes ..................... 7 


srobinson on DSK4SPTVN1PROD with 
1932 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

REPORTING BURDEN—Continued 

CFR Section Respondent universe Total annual responses Average time per 

response 

Total annual 

burden hours 

238.17: Movement of Passenger Equip. w/Other 

than Power Brake Defects: Defects Developed 

En Route 

27 railroads .................. 200 tags/cards ............. 3 minutes ..................... 10 

Special Requisites For Movement of Equipment w/Safety Appliance Defects.27 railroads .................. 76 tags/cards ............... 3 minutes ..................... 4 

Notifications .................................................. 22 railroads .................. 38 notifications ............. 30 seconds ................... .32 

238.21: Special Approval Procedure: Petitions 

For Alternative Std. 

27 railroads .................. 1 petition ...................... 16 hours ....................... 16 

Petitions For Alternative Compl. 27 railroads .................. 1 petition ...................... 120 hours ..................... 120 

238.21: Petitions For Special Approval of PreRevenue Service Acceptance Plan 27 railroads .................. 10 petitions ................... 40 hours ....................... 400 

Comments .................................................... Public/RR Industry ....... 4 comments ................. 1 hour ........................... 4 

238.103: Fire Safety: Fire Safety Analysis: New 

Railroads—New Equipment 

2 New Railroads .......... 2 fire safety analyses ... 150 hours ..................... 300 

Existing Equipment: Fire Safety Analysis .... 27 railroads .................. 1 analysis ..................... 40 hours ....................... 40 

Equipment Transferred to New Service: Fire 

Safety Analysis.

27 railroads .................. 3 analyses .................... 20 hours ....................... 60 

238.107: Inspection, Testing, and Maintenance 

Plan: Annual Reviews 

27 railroads .................. 12 reviews .................... 60 hours ....................... 720 

238.109: Training, Qualification, and Designation 

Prog.—Training Employees Who Perform Mechanical Insp. 

7,500 employees; 100 

trainers.

2,500 employees 

trained/100 instructors.

1.33 hours .................... 3,458 

Recordkeeping .............................................. 27 railroads .................. 2,500 records ............... 3 minutes ..................... 125 

238.111: Pre-Revenue Service Acceptance 

Testing Plan: Equipment Previously Used in 

Revenue Service 

9 equipment manufacturers.2 plans ......................... 16 hours ....................... 32 

Equipment Not Previously Used in Revenue 

Service.

9 equipment manufacturers.2 plans ......................... 192 hours ..................... 384 

Subsequent Orders ...................................... 9 equipment manufacturers.2 plans ......................... 60 hours ....................... 120 

238.213: Corner Posts—Plan in lieu of meeting 

requirements of section (b) of this provision 

27 railroads .................. 10 plans ....................... 40 hours ....................... 400 

238.229: Welded Safety Appliances—List identifying each piece of equipment w/a welded 

safety bracket/support 

27 railroads .................. 27 lists .......................... 60 minutes ................... 27 

List of passenger equipment placed into 

service prior to Jan. 1, 2007, with a welded safety appliance.

27 railroads .................. 27 lists .......................... 60 minutes ................... 27 

Tagging defective welded safety appliance 27 railroads .................. 4 tags ........................... 3 minutes ..................... 20 

Notification to crewmembers of movement 

of defective equipment.

27 railroads .................. 2 notifications ............... 1 minutes ..................... .0333 

Written safety appliance inspection plan to 

FRA.

27 railroads .................. 27 plans ....................... 16 hours ....................... 432 

Training of RR inspection personnel ............ 27 railroads .................. 54 tr. Employees .......... 4 hours ......................... 216 

Remedial action: Record .............................. 27 railroads .................. 1 record ........................ 2.25 hour ...................... 2 

Petition for Special Approval of Alternative 

Compliance pursuant to section 238.21.

27 railroads .................. 15 petitions ................... 4 hours ......................... 60 

Record of inspection/repair of welded safety 

appliance brackets/supports.

27 railroads .................. 3,054 records ............... 12 minutes ................... 611 

238.230: Safety Appliances: New Equipment— 

Inspection/Record of welded safety appliance 

brackets/supports 

27 railroads .................. 100 records .................. 6 minutes ..................... 10 

Documentation to FRA of Other welded 

safety appliances & safety appliance 

brackets/supports.

27 railroads .................. 15 documents .............. 4 hours ......................... 60 

238.231: RR Procedure to secure unattended locomotive required to have a hand brake or 

parking brake applied 

27 railroads .................. 27 procedures .............. 2 hours ......................... 54 

238.237: Automated Monitoring—Documentation 

for setting alerter or deadman control 

27 railroads .................. 3 documents ................ 2 hours ......................... 6 

Tagging defective alerter or deadman control in locomotive cab.27 railroads .................. 25 tags ......................... 3 minutes ..................... 1 

238.303: Exterior Calendar Day Inspection of 

Equip. 

27 railroads .................. 25 notices ..................... 2 minutes ..................... 1 

Defective Dynamic Brakes on MU Locomotive.27 railroads .................. 50 tags/cards ............... 3 minutes ..................... 3 

Defective Dynamic Brakes on Conventional 

Locos.

27 railroads .................. 50 tags/cards ............... 3 minutes ..................... 3 

MU equipment with inoperative/or ineffective 

air compressor: documentation of train 

safety.

27 railroads .................. 4 documents ................ 2 hours ......................... 8 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1933 

REPORTING BURDEN—Continued 

CFR Section Respondent universe Total annual responses Average time per 

response 

Total annual 

burden hours 

Notice to train crew of number of units with 

inoperative or ineffective air compressors.

27 railroads .................. 100 notices ................... 3 minutes ..................... 5 

Record of inoperative or ineffective air compressor.27 railroads .................. 100 records .................. 2 minutes ..................... 3 

Record of each exterior calendar day mechanical inspection.27 railroads .................. 2,376,920 records ........ 1 minute ....................... 435,769 

238.305: Interior Calendar Day Mechanical 

Insp.: Tagging Req. 

27 railroads .................. 540 tags ....................... 1 minute ....................... 9 

Inspection and Records ................................ 27 railroads .................. 1,968,980 inspect/ 

records.

5 minutes + 1 minute ... 196,898 

238.307: Periodic Mechanical Inspection of 

Pass. Cars: Notification of Alternative Intervals 

27 railroads .................. 2 notifications ............... 5 hours ......................... 10 

Non-Complying Conditions ........................... 27 railroads .................. 200 notices ................... 2 minutes ..................... 7 

Inspections and Records of Insp. 27 railroads .................. 19,284 inspections/ 

records.

200 hours + 2 minutes 3,857,443 

Reliability Assessments Concerning Alt. Inspection Interval.27 railroads .................. 5 documents ................ 100 hours ..................... 500 

238.311: Single Car Test: Movement to Nest 

Forward Location 

27 railroads .................. 50 tags ......................... 3 minutes ..................... 3 

238.313: Class I Brake Test—Records 27 railroads .................. 15,600 records ............. 30 minutes ................... 7,800

238.315: Class IA Brake Test 27 railroads .................. 18,250 verbal notices ... 5 seconds ..................... 25 

Communication Signal Tests ........................ 22 railroads .................. 365,000 tests ............... 15 seconds ................... 1,521 

238.317: Class II Brake Test: Communication 

Signal System Test 

27 railroads .................. 365,000 tests ............... 15 seconds ................... 1,521 

238.321: Out-of-service credit 27 railroads .................. 1,250 notations ............ 2 minutes ..................... 42 

238.445: Automated Monitoring 1 railroad ...................... 10,000 alerts/alarms .... 10 seconds ................... 28 

Self-Tests: Notific ......................................... 1 railroad ...................... 21,900 notifications ...... 20 seconds ................... 122 

238.503/505: FRA approval of written inspection, 

testing, and maintenance program for Tier II 

passenger equipment prior to implementation 

of program & use of equipment in passenger 

operation 

27 railroads .................. 1 program/plan ............. 1,200 hours .................. 1,200 

Comments on program ................................. Public/Interested Rail 

Parties.

3 comments ................. 3 hours ......................... 9 

Total Responses: 5,151,727. 

Estiamated Total Annual Burden: 

4,510,711 hours. 

Status: Regular Review. 

Title: Designation of Qualified 

Persons. 

OMB Control Number: 2130–0511. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Businesses. 

Form(s): N/A. 

Abstract: The collection of 

information is used to prevent the 

unsafe movement of defective freight 

cars. Railroads are required to inspect 

freight cars for compliance and to 

determine restrictions on the 

movements of defective cars. 

Annual Estimated Burden: 40 hours. 

Status: Regular Review. 

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 January 3, 

2013. 

Rebecca Pennington, 

Chief Financial Officer, Federal Railroad 

Administration. 

[FR Doc. 2013–00221 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2001–10215] 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated 

November 1, 2012, the Finger Lakes 

Railway Corp. (FGLK) has petitioned the 

Federal Railroad Administration (FRA) 

to seek an extension of an existing 

waiver of compliance from certain 

provisions contained at 49 CFR Part 

223–Safety Glazing Standards– 

Locomotives, Passenger Cars and 

Cabooses for six cars. The car numbers 

of those six cars are: FGLK 7201, FGLK 

7202, FGLK 7601, FGLK7602, FGLK 

1642, and FGLK 1643. 

In support of an extension of the 

existing waiver, the FGLK petition states 

that the cars subject to this request are 

in all aspects still operating in the same 

service environment with no changes to 

speed or line segments. FGLK is 

following the conditions stipulated in 

the existing waiver. FGLK states that 

glass replacement continues to be an 

extremely high cost for an excursion 

operation and would jeopardize any 

chance of profitability for such 

operation for quite some time. 

Additionally, the frequency of 

excursion services offered by FGLK has 

decreased by nearly 75 percent in the 

past 2 years as freight movements have 

taken precedence. This would further 

hamper the ability to justify any costs 

associated with replacing noncompliant 

window glass with Part 223-compliant 

glazing. Since the last waiver request 

was granted by FRA, FGLK replaced 22 

pieces of noncompliant glass in 2009 at 

a cost of nearly $9,000. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 


srobinson on DSK4SPTVN1PROD with