Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42957 

FRA understands that the covered 

service employees affected by RRV&W’s 

waiver request are not represented by 

any employee labor organization, and 

accordingly, RRV&W’s waiver request is 

made solely by the carrier. FRA 

recognizes that the intent of 49 U.S.C. 

21108(a) is to ensure that covered 

service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. Accordingly, 

before considering the requested relief, 

FRA is requiring that within 30 days of 

the publication date of this notice, 

RRV&W submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

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 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0056) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on August 18, 

2009. 

John Leeds, 

Director, Office of Safety Analysis. 

[FR Doc. E9–20429 Filed 8–24–09; 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. 

Ellis & Eastern Company (Waiver 

Petition Docket Number FRA–2009– 

0071) 

The Ellis & Eastern Company (EEC) 

seeks a waiver from compliance of 

certain provisions of the Federal hours 

of service law (49 U.S.C. Chapter 211; 

HSL). Although EEC requests waiver 

relief from the requirements of Title 49 

CFR 228.19, FRA believes EEC’s intent 

was to request relief from U.S.C. 

§ 21103(a)(4), and is therefore 

processing the EEC’s request as such. 

Section 21103(a)(4) states that a train 

employee may not be required or 

allowed to remain or go on duty after 

that employee has initiated an on-duty 

period each day for 6 consecutive days, 

unless that employee has had at least 48 

hours off duty at the employee’s home 

terminal. 

EEC currently has 6 train employees 

who typically work two assignments 

(0600 and 0700) Monday through 

Saturday, with an occasional Sunday 

assignment during peak periods. EEC’s 

request may be viewed at http:// 

www.regulations.gov under the docket 

number listed above. 

The HSL, at 49 U.S.C. 21108(a), 

contemplates that any request for a 

waiver from its requirements will be a 

joint waiver involving the relevant 

railroad carrier(s) and nonprofit 

employee labor organization(s) 

representing the class or craft of directly 

affected covered service employees. 

FRA understands that the covered 

service employees affected by EEC’s 

waiver request are not represented by 

any employee labor organization, and 

accordingly, EEC’s waiver request is 

made solely by the carrier. FRA 

recognizes that the intent of 49 U.S.C. 

21108(a) is to ensure that covered 

service employees are provided 

meaningful input into any potential 

waiver of the HSL that would affect 

their work schedules. Accordingly, 

before considering the requested relief, 

FRA is requiring that within 30 days of 

the publication date of this notice, EEC 

submit evidence to the docket 

demonstrating that it has sought 

employee input into the waiver request, 

what that employee input was, and that 

it has provided each covered employee 

affected by the request with a copy of 

the waiver petition, along with 

information on how to submit 

comments to FRA on the request. FRA 

will consider this additional 

information, along with all other 

relevant factors, in determining whether 

granting the requested relief would be in 

the public interest and consistent with 

railroad safety. 

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 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0071) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 


pwalker on DSK8KYBLC1PROD with NOTICES
42958 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC, on August 18, 

2009. 

John Leeds, 

Director, Office of Safety Analysis. 

[FR Doc. E9–20430 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 5227 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

5227, Split-Interest Trust Information 

Return. 

DATES: Written comments should be 

received on or before October 26, 2009 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Martha R. Brinson, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Evelyn J. Mack at 

(202) 622–7381, or at Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224, 

or through the Internet at 

Evelyn.J.Mack@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Split-Interest Trust Information 

Return. 

OMB Number: 1545–0196. 

Form Number: 5227. 

Abstract: Form 5227 is used to report 

the financial activities of a split-interest 

trust described in Internal Revenue 

Code section 4947(a)(2), and to 

determine whether the trust is treated as 

a private foundation and is subject to 

the excise taxes under Chapter 42 of the 

Code. 

Current Actions: Four additional entry 

spaces were added to incorporate a 

donation date which is essential to 

checking the calculation of the unitrust 

amount. In previous revisions the date 

was requested under question 55 on 

Page 3. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Responses: 

115,000. 

Estimated Time per Respondent: 128 

hr., 20 min. 

Estimated Total Annual Burden 

Hours: 14,759,100. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (e) estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: August 17, 2009. 

Martha R. Brinson, 

IRS Reports Clearance Officer. 

[FR Doc. E9–20349 Filed 8–24–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Revenue Procedure 97–33 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning 

Revenue Procedure 97–33, Electronic 

Federal Tax Payment System (EFTPS). 

DATES: Written comments should be 

received on or before October 26, 2009 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Martha R. Brinson, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the regulations should be 

directed to Evelyn J. Mack at Internal 

Revenue Service, Room 6129, 1111 

Constitution Avenue, NW., Washington, 

DC 20224, or at (202) 622–7381, or 

through the Internet at 

EvelynJ.Mack@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Federal Tax Payment System 

(EFTPS). 

OMB Number: 1545–1546. 


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