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, 77139-77140 [2023-24716]

Download as PDF Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 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] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4915–01–P 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). 2 As 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 VerDate Sep<11>2014 16:54 Nov 07, 2023 Jkt 262001 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 Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: 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: SUMMARY: 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). PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 77139 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 E:\FR\FM\08NON1.SGM 08NON1 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 Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice; request for information (RFI). AGENCY: 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:54 Nov 07, 2023 Jkt 262001 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: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Pages 77139-77140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24716]


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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: 
[email protected]; 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 
Sec.  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

[[Page 77140]]

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


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