39894 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 

1This final rule was subsequently amended on 

June 10, 2016, in response to a petition for 

reconsideration submitted by the Association of 

American Railroads. See 81 FR 37521. 

comment regarding the two research 

studies, the studies do not appear to 

have a clear relevance to ICDs and CMVrelated crashes. The commenter did not 

include specific citations for the study 

information that was referenced. The 

Antiarrhythmics Versus Implantable 

Defibrillators study appears to evaluate 

the efficacy of cardiac medication 

treatment over treatment with an ICD 

rather than ICD crash risk. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. 

The Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of the 

applicants’ medical information, 

available medical and scientific data 

concerning ICDs, and any relevant 

public comments received. 

In the case of persons with ICDs, the 

underlying condition for which the ICD 

was implanted places the individual at 

high risk for syncope or other 

unpredictable events known to result in 

gradual or sudden incapacitation. ICDs 

may discharge, which could result in 

loss of ability to safely control a CMV. 

The December 2014 focused research 

report referenced previously upholds 

the findings of the April 2007 report and 

indicates that the available scientific 

data on individuals with ICDs and CMV 

driving does not support that 

individuals with ICDs who operate 

CMVs are able to meet an equal or 

greater level of safety. 

III. Conclusion 

The Agency has determined that the 

available medical and scientific 

literature and research provides 

insufficient data to enable the Agency to 

conclude that granting these exemptions 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following 

applicants have been denied an 

exemption from the physical 

qualification standards in § 391.41(b)(4): 

Timothy Broome (SC); Bryce A. Norman 

(CA); Abiud J. Ortuno (FL) 

The applicants have, prior to this 

notice, received a letter of final 

disposition regarding their exemption 

request. 

The decision letter fully outlined the 

basis for the denial and constitute final 

action by the Agency. The names of 

these individuals published today 

summarizes the Agency’s recent denials 

as required under 49 U.S.C. 31315(b)(4). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–14226 Filed 7–1–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–13] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), U.S. 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) abstracted 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 

September 6, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number (2130–0017) 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. 

John Purnell, Information Collection 

Clearance Officer, at email: 

john.purnell@dot.gov or telephone: 

(202) 713–0246, or Ms. Hodan Wells, 

Information Collection Clearance 

Officer, at email: hodan.wells@dot.gov 

or telephone: (202) 868–9412. 

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, FRA reasons that 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 

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: U.S. DOT Crossing Inventory. 

OMB Control Number: 2130–0017. 

Abstract: On January 6, 2015, FRA 

published in the Federal Register a final 

rule that requires railroads that operate 

one or more trains through highway-rail 

or pathway crossings to submit 

information to the U.S. DOT National 

Highway-Rail Crossing Inventory about 

the crossings through which they 

operate.1 These amendments, mandated 

by section 204 of the Rail Safety 

Improvement Act of 2008, require 

railroads to submit information about 

previously unreported and new 

highway-rail and pathway crossings to 

the U.S. DOT National Highway-Rail 

Crossing Inventory, and to periodically 

update existing crossing data. 

In this 60-day notice, FRA made 

multiple adjustments which increased 

the previously approved burden hours 

from 8,293 hours to 8,663 hours. For 

instance: 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 39895 

• Under § 234.403(a–c), the burden 

increased from 34 hours to 1,509 hours 

due to changes in the number of 

responses—from 1,081 updated records 

to 30,018 updated records per year. 

FRA’s estimate is based on how 

frequently these updates have been 

submitted to date. 

• Under § 234.405(b), the burden 

decreased from 883 hours to 17 hours 

annually due to changes in the number 

of responses—from 10,600 responses to 

200 responses. FRA’s estimate is based 

on how frequently these updates have 

been submitted to date. 

Type of Request: Extension without 

change (with changes in estimates) of a 

currently approved collection. 

Affected Public: Businesses, States, 

and the District of Columbia (DC). 

Form(s): FRA F 6180.71. 

Respondent Universe: 50 States, DC, 

and 667 railroads. 

Frequency of Submission: On 

occasion. 

REPORTING BURDEN

CFR section 2 Respondent universe Total annual 

responses 

Average time per 

response 

Total annual 

burden hours Total cost 

equivalent 

(A) (B) (C) = A * B (D) = C * wage 3

234.403(a–c)—Submission of data to the U.S. DOT 

Highway-Rail Crossing Inventory: Completion of inventory form.

50 States/DC & 667 

railroads.

338 forms .................. 30 minutes ............ 169 $13,013 

—GCIS update of designated data submitted by railroads & states/DC.50 States/DC & 667 

railroads.

30,018 updates ......... 3 minutes .............. 1,509 115,577 

—Excel lists of submitted data ....................................... 50 States/DC & 667 

railroads.

836 lists ..................... 15 minutes ............ 209 16,093 

—Changes/corrections to Crossing Inventory data submitted via API computer program.50 States/DC & 667 

railroads.

122,520 records ........ 3 minutes .............. 6,126 471,702 

—Written requests by states/DC & railroads for FRA 

Crossing Inventory Guide.

50 States/DC & 667 

railroads.

5 requests ................. 15 minutes ............ 1.25 77 

(d)—Reporting Crossing Inventory data by state agencies/DC on behalf of railroads: Written notices to 

FRA.

50 States/DC & 667 

railroads.

1 notice ...................... 60 minutes ............ 1 77 

(e)(1)—Consolidated reporting by parent corporation on 

behalf of its subsidiary railroads: Written notice to 

FRA.

667 railroads ............. 15 notices .................. 60 minutes ............ 15 1,155 

(e)(2)—Immediate notification to FRA by parent corporation of any changes in the list of subsidiary railroads for which it reports.667 railroads ............. 5 notices .................... 60 minutes ............ 5 385 

234.405(a)(1)—Initial submission of previously unreported highway-rail and pathway crossings through 

which they operate by primary operating railroads: 

Providing assigned crossing inventory number to 

each railroad that operates one or more trains 

through crossing.

667 railroads ............. 300 assigned inventory members.5 minutes .............. 25 1,925 

—Primary operating railroad providing assigned inventory number to other (2) railroads operating through 

crossing.

667 railroads ............. 200 provided assigned inventory 

numbers.

5 minutes .............. 16.6 1,309 

234.405(b)—Submission of crossing data specified in 

the Inventory Guide to the Crossing Inventory.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under 

§ 234.403(a–c). Consequently, there is no additional burden associated with this requirement. 

(c)—Duty of all operating railroads: Notification to FRA 

of previously unreported crossing through which it 

operates.

667 railroads ............. 10 notices/ .................

notifications ...............

60 minutes ............ 10 770 

(d)—Incomplete submission by state agency/DC: Written certification by primary operating railroad that 

state/DC has not provided requested crossing information.

667 railroads ............. 70 certification statements.2 minutes .............. 2.3 154 

—Copies of written certification statements to other operating railroads and responsible state agency/DC.667 railroads ............. 75 certification copies 2 minutes .............. 2.5 231 

234.407(a)—Submission of initial data to the Crossing 

Inventory for new Crossings: Providing assigned inventory numbers for new highway-rail and pathway 

crossings through which they operate by primary operating railroads to each railroad that operates one 

or more trains through the crossing.

667 railroads ............. 50 assigned inventory 

numbers.

5 minutes .............. 4.2 308 

(b) Each operating railroad must submit accurate inventory forms or electronic equivalent to the FRA 

crossing inventory for new highway-rail & pathway 

crossings operating on separate tracks.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under 

§ 234.407(a). Consequently, there is no additional burden associated with this requirement. 

234.409(a)—Submission of periodic updates to the 

Crossing Inventory by primary operating railroad.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under 

§ 234.403. Consequently, there is no additional burden associated with this requirement. 

234.411(a)—Notification/report by railroad to primary 

operating railroad of sale of all or part of a highwayrail or pathway on or after June 10, 2016.

667 railroads ............. 400 notices/reports .... 15 minutes ............ 100 7,700 


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39896 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 

REPORTING BURDEN—Continued 

CFR section 2 Respondent universe Total annual 

responses 

Average time per 

response 

Total annual 

burden hours Total cost 

equivalent 

(A) (B) (C) = A * B (D) = C * wage 3

(b)—Crossing closure: Submission of Crossing Inventory form by primary operating railroad that closes 

highway-rail and pathway crossing.

Duplicate estimate removed. The estimated paperwork burden for this requirement is included under 

§ 234.403. Consequently, there is no additional burden associated with this requirement. 

(c)—Primary operating RR submission of inventory 

form for change in crossing characteristics.

667 railroads ............. 1,200 forms ............... 5 minutes .............. 100 7,700 

234.413(a & b)—Recordkeeping—RR Duplicate copy 

of each inventory form submitted in hard copy to the 

Crossing Inventory.

667 railroads ............. 350 duplicate copies 1 minute ............... 5.8 462 

—Copy of electronic confirmation received from FRA 

after electronic submission of crossing data to Crossing Inventory.

667 railroads ............. 265,365 copies .......... 5 seconds ............. 368.6 28,413 

—List of locations where a copy of any record required 

by this Subpart may be accessed and copied.

Duplicate estimate removed. The estimated paperwork burden for these requirements is included under 

§ 234.413(a) and § 234.413(b). Consequently, there is no additional burden associated with these requirements. 

Total ......................................................................... 50 States/DC & 667 

railroads.

421,758 responses .... N/A ....................... 8,663 667,051 

2The current inventory exhibits a total burden of 8,293 hours while the total burden of this notice is 8,663 hours. 

3FRA uses the STB’s 2020 Full Year Wage A&B Group No. 200, Professional and Administrative, to represent the wage rate for the respondent universe. The average hourly wage rate is $44.25. FRA adds an overhead of 75 percent to the hourly wage for a fully loaded hourly wage of $77.44 ($44.25 * 1.75). FRA rounds the 

fully loaded hourly wage rate to $74 for purposes of this ICR. 

Total Estimated Annual Responses: 

421,758. 

Total Estimated Annual Burden: 

8,663 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $667,051. 

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) 

Brett A. Jortland, 

Deputy Chief Counsel. 

[FR Doc. 2022–14188 Filed 7–1–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–12] 

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 (ICRs) abstracted below. Before 

submitting these ICRs to the Office of 

Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICRs. 

DATES: Interested persons are invited to 

submit comments on or before 

September 6, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICRs 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. 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: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

hodan.wells@dot.gov or telephone: (202) 

868–9412. 

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 ICRs 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, FRA reasons that 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 

information requested. See 44 U.S.C. 

3501. 

The summaries below describe the 

ICRs that FRA will submit for OMB 

clearance as the PRA requires: 

Title: Filing of Dedicated Cars. 

OMB Control Number: 2130–0502. 

Abstract: Title 49 CFR part 215 

contains freight car safety standards, 

including conditions for freight cars in 

dedicated service. ‘‘Dedicated service’’ 

means the exclusive assignment of 

railroad cars to the transportation of 

freight between specified points under 


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