42794 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Notices 

(military or civilian) that is not actively 

involved in the research, development, 

acquisition, test, and evaluation 

(RDAT&E) activities within the RA 

when activated. Itinerant (non-local) or 

other aircraft not familiar with DON 

RDAT&E activities would now be made 

aware of the military flight activity more 

formally, by the existence of the RA on 

the FAA Sectional Aeronautical Chart. 

The RA would be mapped on the FAA 

Los Angeles Sectional Chart and 

knowledge of its activation would 

prompt all pilots to take notice of 

existing military flight activity, resulting 

in better awareness and coordination. 

Non-participating aircraft would not be 

allowed in the RA when activated. 

Implementation 

After evaluating the aeronautical 

study and the EA, the FAA has issued 

a FONSI/ROD to establish R–2511. The 

RA would improve flight safety for all 

pilots (civilian, commercial and 

military) while improving the capability 

of the DON to conduct RDAT&E and 

training activities. The R–2511 would 

create a linkage between existing R– 

2505 and R–2524, covering an area of 

approximately 87 square miles. The 

designated altitudes are at 6,000 feet (ft) 

mean sea level (MSL) to, but not 

including, flight level (FL) 200 (20,000 

ft MSL). The times of use are between 

0700–1700 pacific time, Monday 

through Friday. Activation of the RA is 

by Notice to Air Missions (NOTAM) at 

least seven days in advance. Operations 

would be scheduled for two-hour 

blocks, with a maximum of two blocks 

authorized per day. Annual operations 

would be conducted within the R–2511 

up to 36 days per year. 

In accordance with Section 102 of the 

National Environmental Policy Act of 

1969 (NEPA), the Council on 

Environmental Quality’s (CEQ) 

regulations for implementing NEPA (40 

CFR parts 1500–1508), and other 

applicable authorities (including FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 8–2, 

and FAA Order JO 7400.2M, Procedures 

for Handling Airspace Matters, 

paragraph 32–2–3), the FAA has 

conducted an independent review and 

evaluation of the DON’s EA. As a 

cooperating agency with responsibility 

for approving SUA under 49 U.S.C. 

40103(b)(3)(A), the FAA provided 

subject matter expertise and coordinated 

with the DON during the environmental 

review process. 

The FONSI/ROD and EA are available 

on the FAA website at: https://

www.faa.gov/air_traffic/environmental_

issues/. 

Issued in Des Moines, WA, on July 12, 

2022. 

Ryan Wade Weller, 

Environmental Protection Specialist, 

Operation Support Group, Western Service 

Area. 

[FR Doc. 2022–15210 Filed 7–15–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0278] 

Hours of Service of Drivers: 

Application for Exemption; Harris 

Companies, Inc. (Harris) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

denial of exemption. 

SUMMARY: FMCSA announces its 

decision to deny the Harris Companies, 

Inc. (Harris) application for exemption 

from the electronic logging device (ELD) 

rule for all its employees who are 

required to prepare records of duty 

status (RODS). This includes elevator 

technicians, electricians, other general 

laborers, and welders who operate 

commercial motor vehicles (CMVs) in 

interstate commerce. FMCSA has 

analyzed the exemption application and 

the public comments and determined 

that the applicant has not demonstrated 

that it would likely achieve a level of 

safety that is equivalent to, or greater 

than, the level that would be achieved 

absent the requested exemption. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division: Telephone: 

(202) 366–4225 or MCPSD@dot.gov. If 

you have questions on viewing or 

submitting material to the docket, 

contact Dockets Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this notice as 

being available in the docket, go to 

www.regulations.gov and insert the 

docket number, ‘‘FMCSA–2020–0171 in 

the ‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket 

online by visiting Dockets operations in 

Room W12–140 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., e.t., 

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. 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 Agency’s decision 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 five years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Request for Exemption 

Harris, a family-owned and operated 

company comprised of an elevator 

division and an electric division, 

applied for an exemption from the use 

of ELDs required under 49 CFR 395.8. 

The exemption would cover the 

company’s 14 elevator technicians and 

electricians and seven general laborers 

and welders who operate CMVs. The 

company currently uses electronic 

devices to document hours of service 

(HOS). However, given internet 

connectivity issues affecting operation 

of its ELDs, Harris requested the 

exemption to allow it to resume the use 

of paper RODS. 

IV. Public Comments 

On December 13, 2019, FMCSA 

published notice of the Harris 

application for exemption and requested 

public comment (84 FR 68287). The 

Agency received three comments, two 

opposing and one supporting the 

exemption request. The Commercial 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Notices 42795 

1See the 60-day notice published under Docket 

No. PHMSA–2022–0052 (Notice No. 2022–09), on 

May 3, 2022 [87 FR 26259] at: https://

www.federalregister.gov/documents/2022/05/03/ 

2022-09408/hazardous-materials-informationcollection-activities. 

Vehicle Safety Alliance (CVSA) opposed 

this exemption, describing it as ‘‘both 

unjustified and impractical.’’ The CVSA 

noted that, ‘‘if granted, this exemption 

would negatively impact safety and 

place an excessive burden on the 

enforcement community. The Federal 

HOS requirements exist to help prevent 

and manage driver fatigue.’’ Mr. Michael 

Millard also opposed the request, stating 

that ‘‘[the] Harris Companies 

application for an exception from ELDs 

is most likely based on its small size 

and its thoughts on an added expense 

for installing ELDs.’’ In response to an 

opposing commenter, Harris filed a 

comment in favor of its own 

application. Harris’ comment 

emphasized the inability of its current 

ELDs to operate properly in rural areas 

with little to no internet connection. 

V. Method To Ensure an Equivalent or 

Greater Level of Safety 

To ensure an equivalent level of 

safety, Harris offered company safety 

policies and procedures. Harris 

referenced several ongoing company 

training programs to ensure compliance 

with the various Federal Motor Carrier 

Safety Regulations. These training 

programs include general safety and 

compliance policies, vehicle operating 

policies, HOS training and compliance, 

drug and alcohol testing procedures, 

and risk management services. In 

addition, Harris offered the continuous 

use of paper RODS for recording and 

tracking their drivers’ HOS compliance. 

VI. FMCSA Response and Decision 

FMCSA has evaluated the Harris 

application for exemption and the 

public comments submitted. When the 

Agency adopted the ELD rule in 2015, 

as mandated by Congress, it determined 

that ELDs would improve CMV safety 

and reduce the overall paperwork 

burden for both motor carriers and 

drivers. ELDs have led to improved 

compliance with the applicable HOS 

rules. Harris has failed to provide a 

sufficient analysis of the safety impacts 

of the requested exemption or adequate 

countermeasures to ensure that the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulations. For these reasons, 

FMCSA denies the request for 

exemption. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–15224 Filed 7–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2022–0052 (Notice No. 

2022–11)] 

Hazardous Materials: Information 

Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

PHMSA invites comments on 

information collections pertaining to 

hazardous materials transportation for 

which PHMSA intends to request 

renewal and extension from the Office 

of Management and Budget. 

Additionally, we note that on May 3, 

2022, a notice with a 60-day comment 

period soliciting comments on these 

information collections was published 

in the Federal Register, and PHMSA did 

not receive any comments on it. 

DATES: Interested persons are invited to 

submit comments on or before August 

17, 2022. 

ADDRESSES: Written comments and 

recommendations for the information 

collections should be sent within 30 

days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find these particular information 

collections by selecting ‘‘Currently 

under 30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

We invite comments on: (1) whether 

the collections of information are 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) the accuracy of 

the Department’s estimate of the burden 

of the information collections; (3) ways 

to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Docket: For access to the Dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Steven Andrews or T. Glenn Foster, 

Standards and Rulemaking Division, 

(202) 366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

SUPPLEMENTARY INFORMATION: Section 

1320.8 (d), title 5, Code of Federal 

Regulations (CFR) requires PHMSA to 

provide interested members of the 

public and affected agencies an 

opportunity to comment on information 

collection and recordkeeping requests. 

This notice identifies information 

collection requests PHMSA previously 

published in a 60-day notice 1 seeking 

comments and is now submitting to the 

Office of Management and Budget 

(OMB) for renewal and extension. 

These information collections are 

contained in 49 CFR 171.6 of the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171 through 180). PHMSA 

has revised burden estimates, where 

appropriate, to reflect current reporting 

levels or adjustments based on changes 

in proposed or final rules published 

since the information collection was last 

approved. The following information is 

provided for each information 

collection: (1) title of the information 

collection, including former title if a 

change is being made; (2) OMB control 

number; (3) summary of the information 

collection activity; (4) description of 

affected public; (5) estimate of total 

annual reporting and recordkeeping 

burden; and (6) frequency of collection. 

PHMSA will request a 3-year term of 

approval for the information collection 

activity and will publish a notice in the 

Federal Register alerting the public to 

OMB’s approval. 

PHMSA requests comments on the 

following information collection: 

Title: Radioactive (RAM) 

Transportation Requirements. 

OMB Control Number: 2137–0510. 

Summary: This information collection 

consolidates and describes the 

information collection provisions in the 

HMR involving the transportation of 

radioactive materials in commerce. 

Information collection requirements for 

RAM include: documenting testing and 

engineering evaluations for packages, 

documenting DOT 7A packages, 

revalidating foreign competent authority 

certifications, providing specific written 

instruction of exclusive use shipment 

controls, providing written instructions 

for exclusive use shipment controls, 

obtaining U.S. competent authority for 

package design, registering with U.S. 

competent authority as user of a 

package, and requesting a U.S. 


khammond on DSKJM1Z7X2PROD with NOTICES