80_FR_61465 80 FR 61269 - Request for Approval of a New Information Collection

80 FR 61269 - Request for Approval of a New Information Collection

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range61269-61271
FR Document2015-25798

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments.

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61269-61271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25798]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0009]


Request for Approval of a New Information Collection

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request (ICR) abstracted below is being forwarded to the 
Office of Management and Budget (OMB) for review and comments.

DATES: Written comments should be submitted on or before November 9, 
2015.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th Street NW., 
Washington, DC 20503, Attention: NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Elizabeth Mazzae, Applied Crash 
Avoidance Research Division, Vehicle Research and Test Center, NHTSA, 
10820 State Route 347--Bldg. 60, East Liberty, Ohio 43319; Telephone 
(937) 666-4511; Facsimile: (937) 666-3590; email address: 
elizabeth.mazzae@dot.gov.

SUPPLEMENTARY INFORMATION: Before a Federal agency can collect certain 
information from the public, it must receive approval from the Office 
of Management and Budget (OMB). In compliance with these requirements, 
this notice announces that the following information collection request 
has been forwarded to OMB. In the April 30, 2015, Federal Register,\1\ 
NHTSA published a 60-day notice requesting public comment on the 
proposed collection of information. We received two comments.
---------------------------------------------------------------------------

    \1\ 80 FR 24314 (April 30, 2015).
---------------------------------------------------------------------------

    First, the Alliance of Automobile Manufacturers (the ``Alliance'')

[[Page 61270]]

expressed concern with NHTSA's ``continued focus on simulator 
research'' as a basis for our driver distraction guidance. 
Specifically, the Alliance stated ``that the study method proposed will 
not yield the meaningful and reliable metrics that will assist in 
saving lives and preventing crashes. Instead, such metrics and 
acceptance criteria should be developed using naturalistic driving 
data.'' The Alliance qualified that this advice would not preclude the 
use of simulators for conducting development tests, but such tests and 
any auditory-vocal distraction metrics should be validated and 
calibrated against real-world data before putting forth 
recommendations. The Alliance also noted studies on auditory-vocal 
distraction it believes NHTSA should consider in formulating 
guidelines.
    The objectives of the current work, to develop a low-cost, 
standardized test protocol and task acceptance criteria for evaluating 
the distraction potential of tasks performed with integrated systems, 
cannot be accomplished through naturalistic research. To achieve the 
greatest degree of repeatability and experimental control, the test 
protocol will use driving simulator and visual occlusion testing.
    As the Alliance suggests, NHTSA will be conducting an on-road 
component to its research supporting the development of driver 
distraction guidelines for auditory-vocal interfaces that will be 
discussed in a Federal Register information collection request notice 
at a later date. NHTSA will pull from many sources in formulating its 
auditory-vocal guidelines. This will include analyzing data from NHTSA 
research studies as well as other relevant studies in this area of 
research.
    Second, American Honda Motor Company, Inc. (Honda) commented that 
the quality of the NHTSA's driver distraction measurement research 
would be enhanced if Honda's ``Pedal Tracking and Detection Response 
Task'' (PT-DRT) method was included in this NHTSA research. Honda 
proposed that NHTSA collect objective data using the PT-DRT method as 
part of the current research. Honda also indicated that they would like 
NHTSA to adopt the PT-DRT method as an acceptable alternative to the 
currently allowed task acceptance protocol in NHTSA's Driver 
Distraction Guidelines.
    NHTSA intends to conduct this research using a method that builds 
on the protocol developed for NHTSA's Visual-Manual Driver Distraction 
Guidelines and incorporates the extensively researched Detection 
Response Task (DRT). NHTSA intends for our Guidelines test protocol to 
be complementary and integrated, to the extent possible, to achieve an 
assessment that is both robust and efficient to conduct.
    NHTSA believes that the scientific basis for the DRT method being 
standardized by ISO is strong. Furthermore, the results of research by 
ISO member organizations have been robust. The DRT will provide an easy 
to implement, reliable, and well-vetted method for comparing 
distraction effects of secondary tasks with that of a reference task 
(i.e., radio tuning).
    NHTSA has received briefings and demonstrations of the PT-DRT 
method by Honda and has been impressed with their scientific, reasoned 
approach and willingness to share information with NHTSA. However, we 
feel it is most efficient and cost-effective for us at this point to 
move forward with investigating the incorporation of the well-vetted 
DRT into our driving simulator based method and not to add a second, 
new test method to the planned research. NHTSA wishes to clarify that 
the research will determine the test methods that we will use in 
evaluating auditory-vocal secondary tasks performed by drivers, vehicle 
manufacturers may use whatever method they desire to assess their own 
vehicles.
    OMB Control Number: To be issued at time of approval.
    Title: Driver Distraction Measurement Research.
    Form Numbers: None.
    Type of Review: New information collection.
    Abstract: NHTSA seeks to collect information from the public as 
part of a multi-study research effort that supports the development of 
measurement techniques for auditory-vocal interactions involving in-
vehicle and portable devices used by motor vehicle drivers. Driving 
experiments will be conducted using driving simulator and visual 
occlusion apparatus research tools. Study participants will perform 
specific secondary tasks while driving and their performance and 
behavior (e.g., eye glance locations and durations) will be recorded.
    Information will be collected during participant recruitment to 
assess individuals' suitability for participation. Participants will 
complete a brief set of questions to assess the incidence and severity 
of any simulator-related discomfort. In the event a participant 
indicates they experienced severe discomfort, that participant's 
performance may be removed from the study and study staff will ensure 
that the person is well enough safely drive home or will arrange for 
another means of transportation.
    Respondents: Web-based and print newspaper advertisements will be 
used to obtain respondents who are licensed drivers aged 18-70 years. 
Study participants must have no health conditions that may adversely 
affect driving performance, have average or better vision and hearing, 
and not require assistive devices to safely operate a vehicle. Criteria 
for participation also include driving at least 3,000 miles annually 
and experience using a cell phone while driving.
    Estimated Number of Respondents: It is estimated that a total of 
1,200 individuals will complete the first set of screening questions 
and 1,000 of those 1,200 will also complete the second set of screening 
questions. Of the 1,000, it is estimated that 500 individuals will meet 
criteria for participation. From those 500, approximately 300 
individuals will be chosen to produce a balance of age and genders.
    Estimated Time per Response: Completion of the screening questions 
is estimated to take approximately 5 minutes for the first set and 10 
minutes for the second set. The simulator discomfort questionnaire is 
estimated to take 2 minutes per participant.
    Total Estimated Burden: 278 total hours.
    Frequency of Collection: The data collections described will be 
performed once to obtain the target number of 300 valid test 
participants.
    NHTSA estimates the burden of this collection of information as 
follows:

                                         Table 1--Estimated Burden Hours
----------------------------------------------------------------------------------------------------------------
          Question set                   N               H               C             Cost            Time
----------------------------------------------------------------------------------------------------------------
Screening, Part 1...............            1200          0.0833          $79.00       $7,896.84             100
Screening, Part 2...............            1000          0.1677           79.00       13,248.30             168
Simulator Sickness..............             300          0.0333           48.00          479.52              10
                                 -------------------------------------------------------------------------------

[[Page 61271]]

 
    Total.......................  ..............  ..............  ..............       21,624.66             278
----------------------------------------------------------------------------------------------------------------


    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.95.

Nathaniel Beuse,
Associate Administrator, Vehicle Safety Research.
[FR Doc. 2015-25798 Filed 10-8-15; 8:45 am]
BILLING CODE 4910-59-P



                                                                             Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices                                                61269

                                              of less than 150 days for filing such                   Conservation and Management Act of                      Dated: September 21, 2015.
                                              claim, then that shorter time period still              1976, as amended [16 U.S.C. 1801 et                   Frederick A. Judd IV,
                                              applies.                                                seq.].                                                Division Administrator, Olympia,
                                              FOR FURTHER INFORMATION CONTACT:                          5. Historic and Cultural Resources:                 Washington.
                                              Lindsey Handel, Area Engineer, Federal                  Section 106 of the National Historic                  [FR Doc. 2015–25593 Filed 10–8–15; 8:45 am]
                                              Highway Administration—Washington                       Preservation Act of 1966, as amended                  BILLING CODE 4910–RY–P
                                              Division, 711 South Capitol Way, Suite                  [16 U.S.C. 470(f) et seq.]; Archaeological
                                              501, Olympia, WA 98501. Office hours                    Resources Protection Act of 1977 [16
                                              are 8:00 a.m. to 4:00 p.m. (Pacific Time),              U.S.C. 470(aa)–11]; Archaeological and                DEPARTMENT OF TRANSPORTATION
                                              (360) 753–9550, Lindsey.Handel@                         Historic Preservation Act [16 U.S.C.
                                              dot.gov . You may also contact Steven                                                                         National Highway Traffic Safety
                                                                                                      469–469(c)]; Native American Grave
                                              Kennedy, Sound Transit, (206) 398–                                                                            Administration
                                                                                                      Protection and Repatriation Act [25
                                              5302, steven.kennedy@soundtransit.org.                  U.S.C. 3001–3013].                                    [Docket No. NHTSA–2013–0009]
                                              SUPPLEMENTARY INFORMATION: Notice is                      6. Social and Economic: Civil Rights
                                              hereby given that FHWA has taken final                                                                        Request for Approval of a New
                                                                                                      Act of 1964 [42 U.S.C. 2000(d)–                       Information Collection
                                              agency actions by issuing a Record of                   2000(d)(1)]; American Indian Religious
                                              Decision (ROD) for the Lynnwood Link                    Freedom Act [42 U.S.C. 1996]; Farmland                AGENCY: National Highway Traffic
                                              Extension Project. The proposed project                 Protection Policy Act [7 U.S.C. 4201–                 Safety Administration, DOT.
                                              would extend the Sound Transit Link                     4209]; the Uniform Relocation                         ACTION: Notice and request for
                                              light rail system from Northgate in                     Assistance and Real Property                          comments.
                                              Seattle north into Shoreline, Mountlake                 Acquisition Policies Act of 1970, as
                                              Terrace, and Lynnwood in Snohomish                      amended [42 U.S.C. 61].                               SUMMARY:   In compliance with the
                                              County. The 8.5-mile project corridor                                                                         Paperwork Reduction Act of 1995 (44
                                              would generally follow Interstate 5.                      7. Wetlands and Water Resources:                    U.S.C. 3501 et seq.), this notice
                                              Project components include traction                     Clean Water Act, 33 U.S.C. 1251–1377                  announces that the Information
                                              power substations along the project                     (Section 404, Section 401, Section 319);              Collection Request (ICR) abstracted
                                              alignment, new noise walls and                          Coastal Zone Management Act [16                       below is being forwarded to the Office
                                              relocation of existing noise walls,                     U.S.C. 1451–1465]; Land and Water                     of Management and Budget (OMB) for
                                              relocation of underground and overhead                  Conservation Fund [16 U.S.C. 4601–                    review and comments.
                                              utilities, crossover tracks, stormwater                 4604]; Safe Drinking Water Act [42
                                                                                                                                                            DATES: Written comments should be
                                              management facilities, park-and-ride                    U.S.C. 300(f)-300(j)(6)]; Rivers and
                                                                                                      Harbors Act of 1899 [33 U.S.C. 401–                   submitted on or before November 9,
                                              facilities, and interchange, intersection,                                                                    2015.
                                              street, and sidewalk improvements.                      406]; TEA–21 Wetlands Mitigation [23
                                                                                                      U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood               ADDRESSES: Send comments to the
                                              Final agency actions: Section 4(f) de
                                                                                                      Disaster Protection Act [42 U.S.C. 4001–              Office of Information and Regulatory
                                              minimis impact determination; Section
                                                                                                      4128].                                                Affairs, Office of Management and
                                              106 finding of no adverse effect; project-
                                                                                                        8. Hazardous Materials:                             Budget, 725 17th Street NW.,
                                              level air quality conformity; and Record
                                                                                                      Comprehensive Environmental                           Washington, DC 20503, Attention:
                                              of Decision, dated August 31, 2015.
                                                                                                      Response, Compensation, and Liability                 NHTSA Desk Officer.
                                              Supporting documentation: Final
                                              Environmental Impact Statement, dated                   Act [42 U.S.C. 9601–9675]; Superfund                  FOR FURTHER INFORMATION CONTACT: For
                                              April 3, 2015.                                          Amendments and Reauthorization Act                    additional information or access to
                                                 The EIS and ROD can be viewed and                    of 1986 [PL 99–499]; Resource                         background documents, contact
                                              downloaded from the project Web site at                 Conservation and Recovery Act [42                     Elizabeth Mazzae, Applied Crash
                                              http://www.soundtransit.org/LLE or                      U.S.C. 6901–6992(k)].                                 Avoidance Research Division, Vehicle
                                              viewed at the Seattle, King County, and                                                                       Research and Test Center, NHTSA,
                                                                                                        9. Executive Orders: E.O. 11990                     10820 State Route 347—Bldg. 60, East
                                              Sno-Isle Public Libraries. This notice                  Protection of Wetlands; E.O. 11988
                                              applies to all Federal agency decisions                                                                       Liberty, Ohio 43319; Telephone (937)
                                                                                                      Floodplain Management; E.O. 12898,                    666–4511; Facsimile: (937) 666–3590;
                                              on the project, as of the issuance date of              Federal Actions to Address
                                              this notice, and all laws under which                                                                         email address: elizabeth.mazzae@
                                                                                                      Environmental Justice in Minority                     dot.gov.
                                              such actions were taken, including but                  Populations and Low Income
                                              not limited to:                                         Populations; E.O. 11593 Protection and                SUPPLEMENTARY INFORMATION: Before a
                                                 1. General: National Environmental                   Enhancement of Cultural Resources;                    Federal agency can collect certain
                                              Policy Act [42 U.S.C. 4321–4351];                       E.O. 13007 Indian Sacred Sites; E.O.                  information from the public, it must
                                              Federal-Aid Highway Act [23 U.S.C.                      13287 Preserve America; E.O. 13175                    receive approval from the Office of
                                              109].                                                   Consultation and Coordination with                    Management and Budget (OMB). In
                                                 2. Air: Clean Air Act, as amended [42                Indian Tribal Governments; E.O. 11514                 compliance with these requirements,
                                              U.S.C. 7401–7671(q)].                                   Protection and Enhancement of                         this notice announces that the following
                                                 3. Land: Section 4(f) of the                         Environmental Quality; E.O. 13112                     information collection request has been
                                              Department of Transportation Act of                     Invasive Species.                                     forwarded to OMB. In the April 30,
                                              1966 [49 U.S.C. 303]; Landscaping and                                                                         2015, Federal Register,1 NHTSA
                                              Scenic Enhancement (Wildflowers) [23                    (Catalog of Federal Domestic Assistance               published a 60-day notice requesting
tkelley on DSK3SPTVN1PROD with NOTICES




                                              U.S.C. 319].                                            Program Number 20.205, Highway Planning               public comment on the proposed
                                                 4. Wildlife: Endangered Species Act                  and Construction. The regulations                     collection of information. We received
                                              [16 U.S.C. 1531–1544]; Anadromous                       implementing Executive Order 12372                    two comments.
                                              Fish Conservation Act [16 U.S.C.                        regarding intergovernmental consultation on             First, the Alliance of Automobile
                                              757(a)–757(g)]; Fish and Wildlife                       Federal programs and activities apply to this         Manufacturers (the ‘‘Alliance’’)
                                              Coordination Act [16 U.S.C. 661–                        program.)
                                              667(d)]; Magnuson-Stevenson Fishery                       Authority: 23 U.S.C. 139(l)(1).                       1 80   FR 24314 (April 30, 2015).



                                         VerDate Sep<11>2014   17:44 Oct 08, 2015   Jkt 238001   PO 00000   Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\09OCN1.SGM    09OCN1


                                              61270                                 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices

                                              expressed concern with NHTSA’s                                       acceptance protocol in NHTSA’s Driver                 tools. Study participants will perform
                                              ‘‘continued focus on simulator                                       Distraction Guidelines.                               specific secondary tasks while driving
                                              research’’ as a basis for our driver                                    NHTSA intends to conduct this                      and their performance and behavior
                                              distraction guidance. Specifically, the                              research using a method that builds on                (e.g., eye glance locations and durations)
                                              Alliance stated ‘‘that the study method                              the protocol developed for NHTSA’s                    will be recorded.
                                              proposed will not yield the meaningful                               Visual-Manual Driver Distraction                         Information will be collected during
                                              and reliable metrics that will assist in                             Guidelines and incorporates the                       participant recruitment to assess
                                              saving lives and preventing crashes.                                 extensively researched Detection                      individuals’ suitability for participation.
                                              Instead, such metrics and acceptance                                 Response Task (DRT). NHTSA intends                    Participants will complete a brief set of
                                              criteria should be developed using                                   for our Guidelines test protocol to be                questions to assess the incidence and
                                              naturalistic driving data.’’ The Alliance                            complementary and integrated, to the                  severity of any simulator-related
                                              qualified that this advice would not                                 extent possible, to achieve an                        discomfort. In the event a participant
                                              preclude the use of simulators for                                   assessment that is both robust and                    indicates they experienced severe
                                              conducting development tests, but such                               efficient to conduct.                                 discomfort, that participant’s
                                              tests and any auditory-vocal distraction                                NHTSA believes that the scientific                 performance may be removed from the
                                              metrics should be validated and                                      basis for the DRT method being                        study and study staff will ensure that
                                              calibrated against real-world data before                            standardized by ISO is strong.
                                                                                                                                                                         the person is well enough safely drive
                                              putting forth recommendations. The                                   Furthermore, the results of research by
                                                                                                                                                                         home or will arrange for another means
                                              Alliance also noted studies on auditory-                             ISO member organizations have been
                                                                                                                                                                         of transportation.
                                              vocal distraction it believes NHTSA                                  robust. The DRT will provide an easy to
                                                                                                                   implement, reliable, and well-vetted                     Respondents: Web-based and print
                                              should consider in formulating                                                                                             newspaper advertisements will be used
                                              guidelines.                                                          method for comparing distraction effects
                                                                                                                   of secondary tasks with that of a                     to obtain respondents who are licensed
                                                 The objectives of the current work, to                                                                                  drivers aged 18–70 years. Study
                                              develop a low-cost, standardized test                                reference task (i.e., radio tuning).
                                                                                                                      NHTSA has received briefings and                   participants must have no health
                                              protocol and task acceptance criteria for                                                                                  conditions that may adversely affect
                                                                                                                   demonstrations of the PT–DRT method
                                              evaluating the distraction potential of                                                                                    driving performance, have average or
                                                                                                                   by Honda and has been impressed with
                                              tasks performed with integrated                                                                                            better vision and hearing, and not
                                                                                                                   their scientific, reasoned approach and
                                              systems, cannot be accomplished                                                                                            require assistive devices to safely
                                                                                                                   willingness to share information with
                                              through naturalistic research. To                                                                                          operate a vehicle. Criteria for
                                                                                                                   NHTSA. However, we feel it is most
                                              achieve the greatest degree of                                                                                             participation also include driving at
                                                                                                                   efficient and cost-effective for us at this
                                              repeatability and experimental control,                                                                                    least 3,000 miles annually and
                                                                                                                   point to move forward with
                                              the test protocol will use driving                                                                                         experience using a cell phone while
                                                                                                                   investigating the incorporation of the
                                              simulator and visual occlusion testing.                                                                                    driving.
                                                                                                                   well-vetted DRT into our driving
                                                 As the Alliance suggests, NHTSA will                              simulator based method and not to add                    Estimated Number of Respondents: It
                                              be conducting an on-road component to                                a second, new test method to the                      is estimated that a total of 1,200
                                              its research supporting the development                              planned research. NHTSA wishes to                     individuals will complete the first set of
                                              of driver distraction guidelines for                                 clarify that the research will determine              screening questions and 1,000 of those
                                              auditory-vocal interfaces that will be                               the test methods that we will use in                  1,200 will also complete the second set
                                              discussed in a Federal Register                                      evaluating auditory-vocal secondary                   of screening questions. Of the 1,000, it
                                              information collection request notice at                             tasks performed by drivers, vehicle                   is estimated that 500 individuals will
                                              a later date. NHTSA will pull from                                   manufacturers may use whatever                        meet criteria for participation. From
                                              many sources in formulating its                                      method they desire to assess their own                those 500, approximately 300
                                              auditory-vocal guidelines. This will                                 vehicles.                                             individuals will be chosen to produce a
                                              include analyzing data from NHTSA                                       OMB Control Number: To be issued at                balance of age and genders.
                                              research studies as well as other                                    time of approval.
                                              relevant studies in this area of research.                                                                                    Estimated Time per Response:
                                                                                                                      Title: Driver Distraction Measurement              Completion of the screening questions is
                                                 Second, American Honda Motor                                      Research.                                             estimated to take approximately 5
                                              Company, Inc. (Honda) commented that                                    Form Numbers: None.                                minutes for the first set and 10 minutes
                                              the quality of the NHTSA’s driver                                       Type of Review: New information
                                                                                                                                                                         for the second set. The simulator
                                              distraction measurement research                                     collection.
                                                                                                                                                                         discomfort questionnaire is estimated to
                                              would be enhanced if Honda’s ‘‘Pedal                                    Abstract: NHTSA seeks to collect
                                                                                                                                                                         take 2 minutes per participant.
                                              Tracking and Detection Response Task’’                               information from the public as part of a
                                              (PT–DRT) method was included in this                                 multi-study research effort that supports                Total Estimated Burden: 278 total
                                              NHTSA research. Honda proposed that                                  the development of measurement                        hours.
                                              NHTSA collect objective data using the                               techniques for auditory-vocal                            Frequency of Collection: The data
                                              PT–DRT method as part of the current                                 interactions involving in-vehicle and                 collections described will be performed
                                              research. Honda also indicated that they                             portable devices used by motor vehicle                once to obtain the target number of 300
                                              would like NHTSA to adopt the PT–                                    drivers. Driving experiments will be                  valid test participants.
                                              DRT method as an acceptable                                          conducted using driving simulator and                    NHTSA estimates the burden of this
                                              alternative to the currently allowed task                            visual occlusion apparatus research                   collection of information as follows:

                                                                                                                    TABLE 1—ESTIMATED BURDEN HOURS
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                              Question set                                              N                   H                C             Cost           Time

                                              Screening, Part 1 .................................................................           1200              0.0833          $79.00       $7,896.84             100
                                              Screening, Part 2 .................................................................           1000              0.1677           79.00       13,248.30             168
                                              Simulator Sickness ..............................................................              300              0.0333           48.00          479.52              10




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                                                                                      Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices                                                                           61271

                                                                                                             TABLE 1—ESTIMATED BURDEN HOURS—Continued
                                                                               Question set                                                         N                          H                          C                Cost        Time

                                                   Total ..............................................................................   ........................   ........................   ........................   21,624.66          278



                                                Authority: The Paperwork Reduction Act                                  approval requirements of 49 U.S.C.                                          (collectively Petitioners) filed a petition
                                              of 1995; 44 U.S.C. Chapter 35, as amended;                                11323. See 49 CFR 1180.2(d)(2).                                             for an order ‘‘declaring that the common
                                              and 49 CFR 1.95.                                                             Under 49 U.S.C. 10502(g), the Board                                      carrier obligation, codified at 49 U.S.C.
                                              Nathaniel Beuse,                                                          may not use its exemption authority to                                      11101(a), requires a Class I railroad to
                                              Associate Administrator, Vehicle Safety                                   relieve a rail carrier of its statutory                                     transport toxic inhalation hazard (‘TIH’)
                                              Research.                                                                 obligation to protect the interests of its                                  materials over main lines, as defined at
                                              [FR Doc. 2015–25798 Filed 10–8–15; 8:45 am]                               employees. Section 11326(c), however,                                       49 U.S.C. 20157(i)(2), although the Class
                                              BILLING CODE 4910–59–P
                                                                                                                        does not provide for labor protection for                                   I railroad has not equipped, or will not
                                                                                                                        transactions under Sections 11324 and                                       equip, such lines with an operable
                                                                                                                        11325 that involve only Class III rail                                      positive train control (‘PTC’) system by
                                              DEPARTMENT OF TRANSPORTATION                                              carriers. Because this transaction                                          the December 31, 2015 deadline
                                                                                                                        involves Class III rail carriers only, the                                  specified by 49 U.S.C. 20157(a).’’ (Pet.
                                              Surface Transportation Board                                              Board, under the statute, may not
                                                                                                                                                                                                    1.) According to the petition, some
                                                                                                                        impose labor protective conditions for
                                              [Docket No. FD 35958]                                                                                                                                 railroads have indicated that they
                                                                                                                        this transaction.
                                                                                                                           If the verified notice contains false or                                 intend to embargo TIH shipments, as
                                              Westmoreland County Industrial                                            misleading information, the exemption                                       early as Thanksgiving 2015, in light of
                                              Development Corporation—                                                  is void ab initio. Petitions to revoke the                                  the impending statutory PTC deadline.
                                              Acquisition of Control Exemption—                                         exemption under 49 U.S.C. 10502(d)                                          (Pet. 2, 5–6.) Petitioners request that the
                                              Turtle Creek Industrial Railroad, Inc.                                    may be filed at any time. The filing of                                     Board institute a declaratory order
                                                 Westmoreland County Industrial                                         a petition to revoke will not                                               proceeding, consider the September 30
                                              Development Corporation (WCIDC), a                                        automatically stay the effectiveness of                                     petition to be their opening statement,
                                              Class III rail carrier,1 has filed a verified                             the exemption. Petitions to stay must be                                    and promptly issue an expedited
                                              notice of exemption under 49 CFR                                          filed no later than October 16, 2015 (at                                    procedural schedule. On October 5,
                                              1180.2(d)(2) to acquire all of the stock                                  least seven days before the exemption                                       2015, the Association of American
                                              of Turtle Creek Industrial Railroad, Inc.                                 becomes effective).                                                         Railroads (AAR) filed a petition
                                              (TCIR), also a Class III rail carrier.                                       An original and 10 copies of all                                         requesting an alternate expedited
                                                 According to WCIDC, Dura-Bond                                          pleadings referring to Docket No. FD                                        procedural schedule and an oral
                                              Corporation (Dura-Bond), a noncarrier,                                    35958, must be filed with the Surface                                       hearing.
                                              currently controls TCIR. WCIDC and                                        Transportation Board, 395 E Street SW.,                                        The Board has discretionary authority
                                              Dura-Bond have entered into a stock                                       Washington, DC 20423–0001. In                                               under 5 U.S.C. 554(e) and 49 U.S.C. 721
                                              purchase agreement 2 dated September                                      addition, a copy of each pleading must                                      to issue a declaratory order to terminate
                                              26, 2013, by which WCIDC will acquire                                     be served on WCIDC’s representative:                                        a controversy or remove uncertainty.
                                              all of TCIR’s stock from Dura-Bond.                                       John N. Ward, Ward & Christner, P.C.,                                       The Board will institute a declaratory
                                              Once that transaction is consummated,                                     15 N. Main Street, Greensburg, PA
                                                                                                                                                                                                    order proceeding and establish a
                                              WCIDC will control TCIR.                                                  15601.
                                                                                                                                                                                                    procedural schedule. The Board will
                                                 WCIDC intends to consummate this                                          Board decisions and notices are
                                                                                                                                                                                                    consider the September 30 petition to be
                                              transaction on or shortly after October                                   available on our Web site at
                                                                                                                        WWW.STB.DOT.GOV.                                                            Petitioners’ opening statement.
                                              25, 2015, the effective date of the                                                                                                                   Substantive replies to the opening
                                              exemption.                                                                  Decided: October 6, 2015.                                                 statement will be due on October 23,
                                                 WCIDC states that: (i) The rail owned                                    By the Board, Rachel D. Campbell,                                         2015. Rebuttals will be due on
                                              by WCIDC does not connect with the                                        Director, Office of Proceedings.                                            November 2, 2015. The Board will rule
                                              rail line owned by TCIR; (ii) the subject                                 Tia Delano,                                                                 on AAR’s request for an oral hearing in
                                              acquisition of control is not part of a                                   Clearance Clerk.                                                            a future order.
                                              series of anticipated transactions that                                   [FR Doc. 2015–25783 Filed 10–8–15; 8:45 am]
                                              would connect the rail line owned by                                                                                                                     It is ordered:
                                                                                                                        BILLING CODE 4915–01–P
                                              TCIR with the rail line owned by                                                                                                                         1. A declaratory order proceeding is
                                              WCIDC; and (iii) neither WCIDC nor                                                                                                                    instituted.
                                              TCIR are Class I carriers. Therefore, the                                 DEPARTMENT OF TRANSPORTATION                                                   2. Substantive replies to the
                                              transaction is exempt from the prior
                                                                                                                                                                                                    September 30 opening statement are due
                                                                                                                        Surface Transportation Board                                                by October 23, 2015.
                                                1 WCIDC   owns a common carrier line of railroad
                                              located between Scottdale and Greensburg, Pa. The                         [Docket No. FD 35964]                                                          3. Rebuttals are due by November 2,
                                              lines are operated by Southwest Pennsylvania                                                                                                          2015.
                                              Railroad Company. See Westmoreland Cty. Indus.                            American Chemistry Council, The
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Dev. Corp.—Acquis. Exemption—Sw. Pa. R.R., FD                             Chlorine Institute, and the Fertilizer                                         4. Notice of this action will be
                                              32767 (ICC served Nov. 3, 1995).                                          Institute—Petition for Declaratory                                          published in the Federal Register on
                                                 2 A redacted version of the agreement was filed
                                                                                                                        Order—Positive Train Control                                                October 9, 2015.
                                              with the notice of exemption. An unredacted
                                              version was filed concurrently under seal, along
                                                                                                                          On September 30, 2015, the American                                          5. This decision is effective on its
                                              with a motion for protective order pursuant to 49                                                                                                     service date.
                                              CFR 1104.14(b). That motion will be addressed in                          Chemistry Council, the Chlorine
                                              a separate decision.                                                      Institute, and the Fertilizer Institute                                        Decided: October 6, 2015.


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Document Created: 2015-12-15 08:33:56
Document Modified: 2015-12-15 08:33:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten comments should be submitted on or before November 9, 2015.
ContactFor additional information or access to background documents, contact Elizabeth Mazzae, Applied Crash Avoidance Research Division, Vehicle Research and Test Center, NHTSA, 10820 State Route 347--Bldg. 60, East Liberty, Ohio 43319; Telephone
FR Citation80 FR 61269 

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