Notice and Request for Comments, 2153-2154 [E9-614]

Download as PDF Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices City, Utah 84118; telephone: (801) 963– 0182; e-mail: Edward.Woolford@dot.gov. The FHWA Utah Division Office’s normal business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You may also contact Mr. Charles Mace, Utah Department of Transportation, 166 West Southwell Street, Ogden, Utah 84404–4194; telephone: (801) 620–1685. Notice is hereby given that the FHWA has taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of Utah: Layton Interchange on Interstate 15 in Davis County, Utah. The project will include a new full interchange over Interstate 15 at milepost #330; a grade separated railroad overpass over the Union Pacific Railroad as part of the new interchange; a new five lane roadway from Fort Lane to Flint Street (750 South connection); removing the existing partial South Layton Interchange; and removing the existing at-grade railroad crossing at 900 South. The actions by the FHWA, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) for the project, approved on September 24, 2008, in the FHWA Record of Decision (ROD) issued on December 24, 2008, and in other documents in the FHWA project files. The FEIS, ROD, and other project records are available by contacting the FHWA or the Utah Department of Transportation at the addresses provided above. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at https://www.udot.utah.gov/ laytoninterchange/ or viewed at public libraries in the project area. This notice applies to all FHWA decisions as of the issuance date of this notice and all laws under which such actions were taken. Laws generally applicable to such actions include but are not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. sroberts on PROD1PC70 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)–300(j)(6); Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287; Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: January 5, 2009. Bryan Cawley, Acting Division Administrator, Salt Lake City. [FR Doc. E9–566 Filed 1–13–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2009–0001–N–1] Notice and Request for Comments AGENGY: Federal Railroad Administration, DOT. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 2153 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 Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on November 3, 2008 (73 FR 65441). DATES: Comments must be submitted on or before February 13, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS– 21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292), or Ms. Nakia Jackson, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6073). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 3, 2008, FRA published a 60-day notice in the Federal Register soliciting comment on ICRs that the agency was seeking OMB approval. 73 FR 65441. FRA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been reevaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, E:\FR\FM\14JAN1.SGM 14JAN1 sroberts on PROD1PC70 with NOTICES 2154 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The revised requirements are being submitted for clearance by OMB as required by the PRA. Title: Inspection and Maintenance Standards For Steam Locomotives. OMB Control Number: 2130–0505. Type of Request: Extension of a currently approved collection. Affected Public: Railroads. Abstract: The Locomotive Boiler Inspection Act (LBIA) of 1911 requires each railroad subject to the Act to file copies of its rules and instructions for the inspection of locomotives. The original LBIA was expanded to cover the entire steam locomotive and tender and all its parts and appurtenances. This Act then requires carriers to make inspections and to repair defects to ensure the safe operation of steam locomotives. The collection of information is used by tourist or historic railroads and by locomotive owners/ operators to provide a record for each day a steam locomotive is placed in service, as well as a record that the required steam locomotive inspections are completed. Additionally, the collection of information is used by FRA Federal inspectors to verify that necessary safety inspections and tests have been completed, and to ensure that steam locomotives are indeed ‘‘safe and suitable’’ for service and are properly operated and maintained. Annual Estimated Burden Hours: 314 hours. Title: Identification of Cars Moved in Accordance with Order 13528. OMB Control Number: 2130–0506. Type of Request: Extension of a currently approved collection. Affected Public: Railroads. Abstract: This collection of information identifies a freight car being moved within the scope of Order 13528 (now codified under 49 CFR 232.3). Otherwise, an exception will be taken, and the car will be set out of the train and not delivered. The information that must be recorded is specified at 49 CFR 232.3(d)(3), which requires that a car be properly identified by a card attached to VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 each side of the car and signed stating that such movement is being made under the authority of the order. § 232.3(d)(3) does not require retaining cards or tags. When a car bearing a tag for movement under this provision arrives at its destination, the tags are simply removed. Annual Estimated Burden Hours: 67 hours. Title: U.S. Locational Requirement for Dispatching U.S. Rail Operations. OMB Control Number: 2130–0556. Type of Request: Extension of a currently approved collection. Affected Public: Railroads. Abstract: Part 241 requires, in the absence of a waiver, that all dispatching of railroad operations that occurs in the United States be performed in this country, with a minor exception. A railroad is allowed to conduct extraterritorial dispatching from Mexico or Canada in emergency situations, but only for the duration of the emergency. A railroad relying on the exception must provide written notification of its action to the FRA Regional Administrator of each FRA region in which the railroad operation occurs; such notification is not required before addressing the emergency situation. The information collected under this rule is used as part of FRA’s oversight function to ensure that extraterritorial dispatchers comply with applicable safety regulations. Annual Estimated Burden Hours: 8 hours. Addressee: Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention: FRA Desk Officer. Alternatively, comments may be sent via e-mail to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, at the following address: oira_submissions@omb.eop.gov. Comments are invited on the following: Whether the proposed collections of information are necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 within 30 days of publication of this notice in the Federal Register. Authority : 44 U.S.C. 3501–3520. Issued in Washington, DC on January 9, 2009. Kimberly Orben, Director, Office of Financial Management, Federal Railroad Administration. [FR Doc. E9–614 Filed 1–13–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Twin Cities and Western Railroad (Docket Number FRA–2008–0154); Canadian Pacific Railroad (Docket Number FRA–2008–0163); Escanaba and Lake Superior Railroad Company (Docket Number FRA–2008–0155) The Twin Cities and Western Railroad (TC&W), Canadian Pacific Railroad (CP), and Escanaba and Lake Superior Railroad Company (E&LS), seek permanent waivers of compliance from certain provisions of the Railroad Safety Appliance Standards in Title 49 CFR Part 231, concerning RailMate® train operations over their systems. Specifically, TC&W, CP, and E&LS request relief from those sections of 49 CFR Part 231 that stipulate the number, location, and dimensions for handholds, ladders, sill steps, and uncoupling levers, and handbrakes. TC&W, CP and E&LS also seek relief from 49 CFR Part 231.31, which sets the standard height for drawbars. TC&W, CP, and E&LS state that these waivers are necessary to permit them to begin operation of RailMate® equipment over various routes on their systems. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2153-2154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-614]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0001-N-1]


Notice and Request for Comments

AGENGY: Federal Railroad 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 Requirements (ICRs) abstracted below have been forwarded to 
the Office of Management and Budget (OMB) for review and comment. The 
ICRs describe the nature of the information collections and their 
expected burdens. The Federal Register notice with a 60-day comment 
period soliciting comments on the following collections of information 
was published on November 3, 2008 (73 FR 65441).

DATES: Comments must be submitted on or before February 13, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, 
Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 
20590 (telephone: (202) 493-6292), or Ms. Nakia Jackson, Office of 
Information Technology, RAD-20, Federal Railroad Administration, 1200 
New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: 
(202) 493-6073). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, Section 2, 109 Stat. 163 (1995) (codified as revised 
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part 
1320, require Federal agencies to issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 
1320.12. On November 3, 2008, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 73 FR 65441. FRA received no comments after issuing this 
60-day notice. Accordingly, DOT announces that these information 
collection activities have been re-evaluated and certified under 5 CFR 
1320.5(a) and forwarded to OMB for review and approval pursuant to 5 
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30 day 
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983,

[[Page 2154]]

Aug. 29, 1995. OMB believes that the 30 day notice informs the 
regulated community to file relevant comments and affords the agency 
adequate time to digest public comments before it renders a decision. 
60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their 
respective comments to OMB within 30 days of publication to best ensure 
having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 
29, 1995.
    The summaries below describe the nature of the information 
collection requirements (ICRs) and the expected burden. The revised 
requirements are being submitted for clearance by OMB as required by 
the PRA.
    Title: Inspection and Maintenance Standards For Steam Locomotives.
    OMB Control Number: 2130-0505.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Abstract: The Locomotive Boiler Inspection Act (LBIA) of 1911 
requires each railroad subject to the Act to file copies of its rules 
and instructions for the inspection of locomotives. The original LBIA 
was expanded to cover the entire steam locomotive and tender and all 
its parts and appurtenances. This Act then requires carriers to make 
inspections and to repair defects to ensure the safe operation of steam 
locomotives. The collection of information is used by tourist or 
historic railroads and by locomotive owners/operators to provide a 
record for each day a steam locomotive is placed in service, as well as 
a record that the required steam locomotive inspections are completed. 
Additionally, the collection of information is used by FRA Federal 
inspectors to verify that necessary safety inspections and tests have 
been completed, and to ensure that steam locomotives are indeed ``safe 
and suitable'' for service and are properly operated and maintained.
    Annual Estimated Burden Hours: 314 hours.

    Title: Identification of Cars Moved in Accordance with Order 13528.
    OMB Control Number: 2130-0506.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Abstract: This collection of information identifies a freight car 
being moved within the scope of Order 13528 (now codified under 49 CFR 
232.3). Otherwise, an exception will be taken, and the car will be set 
out of the train and not delivered. The information that must be 
recorded is specified at 49 CFR 232.3(d)(3), which requires that a car 
be properly identified by a card attached to each side of the car and 
signed stating that such movement is being made under the authority of 
the order. Sec.  232.3(d)(3) does not require retaining cards or tags. 
When a car bearing a tag for movement under this provision arrives at 
its destination, the tags are simply removed.
    Annual Estimated Burden Hours: 67 hours.

    Title: U.S. Locational Requirement for Dispatching U.S. Rail 
Operations.
    OMB Control Number: 2130-0556.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Abstract: Part 241 requires, in the absence of a waiver, that all 
dispatching of railroad operations that occurs in the United States be 
performed in this country, with a minor exception. A railroad is 
allowed to conduct extraterritorial dispatching from Mexico or Canada 
in emergency situations, but only for the duration of the emergency. A 
railroad relying on the exception must provide written notification of 
its action to the FRA Regional Administrator of each FRA region in 
which the railroad operation occurs; such notification is not required 
before addressing the emergency situation. The information collected 
under this rule is used as part of FRA's oversight function to ensure 
that extraterritorial dispatchers comply with applicable safety 
regulations.
    Annual Estimated Burden Hours: 8 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, 
Attention: FRA Desk Officer. Alternatively, comments may be sent via e-
mail to the Office of Information and Regulatory Affairs (OIRA), Office 
of Management and Budget, at the following address: oira_
submissions@omb.eop.gov.
    Comments are invited on the following: Whether the proposed 
collections of information are necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; the accuracy of the Department's estimates of 
the burden of the proposed information collections; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collections of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this notice in the Federal 
Register.

    Authority : 44 U.S.C. 3501-3520.

    Issued in Washington, DC on January 9, 2009.
Kimberly Orben,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. E9-614 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-06-P