2334 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Notices 

of Safety Advisory 2001–01)].’’ Both 

CSX Rule R8 and FRA guidelines were 

intended to address the lack of 

situational awareness that a person may 

experience when ‘‘multitasking’’—in 

this case, focusing on a moving train 

while at the same time operating or 

riding in a moving vehicle. 

Although Federal regulations do not 

currently prohibit shoving movements 

conducted in the manner described by 

the preliminary findings of this 

accident, FRA is contemplating the 

regulation of shoving movements as 

addressed in a recently published FRA 

notice of proposed rulemaking (NPRM), 

‘‘Railroad Operating Rules: Program of 

Operational Tests and Inspections; 

Railroad Operating Practices: Handling 

Equipment, Switches and Derails [71 FR 

60372, 60410 (October 12, 2006)].’’ In 

the NPRM, FRA stated that it proposes: 

A requirement that the employee providing 

point protection visually determine, for the 

duration of the shoving or pushing 

movement, that the track is clear within the 

range of vision for the complete distance to 

be shoved or pushed. Shoving accidents 

often occur because a train crew makes a 

shoving movement without determining that 

the track is clear in the direction of 

movement. This proposed paragraph would 

address this problem by requiring an 

operating rule that keeps a qualified 

employee observing the track to make sure it 

is clear and remains clear [71 FR 60393]. 

In this instance, the RCO apparently 

made an initial determination that the 

track was clear, but was not in a 

position to determine that the track 

would remain clear of conflicting 

mechanical department vehicles. (See 

71 FR at 60409 defining ‘‘track is 

clear.’’) Although FRA has proposed 

requirements for shoving movements, it 

has not made any decisions as to the 

contents of a final rule in that 

proceeding, and thus the proposal is not 

now, and may not in the future become, 

a regulatory requirement. Railroads, 

however, are encouraged to consider 

FRA’s proposed rule and this incident 

as they review their operating rules. 

The investigation of this accident also 

raised questions regarding the visibility 

of the rail car leading the shoving 

movement. As stated earlier, the lead 

car was a low-profile, empty flat car 

followed by five more empty flat cars. 

The first freight car of significant height 

was the seventh car from the lead, a box 

car. It is possible that the carman did 

not see the low-profile cars in the 

darkness. Although FRA does have 

regulations pertaining to reflectorization 

of freight cars, there are no Federal rules 

regarding illumination within rail yards, 

at yard crossings, or on the leading 

point of a movement. 

The following CSX rules may apply to 

this accident: 

CSX Safe Way, Effective January 1, 2006 at 

GS–10. On or About Tracks; When working 

on or about tracks: * * * Be alert for and 

keep clear of the movement of cars, 

locomotives, or equipment at any time, in 

either direction, on any track. * * * Stop 

and look in both directions before making 

any of the following movements: Fouling or 

crossing a track. 

SJP C–177 (Rev 3/99) Safe Procedure for 

Backing Vehicle Driver Only: 

Step 4. Always look behind you before 

backing. If you are not sure get out and look 

again. 

Step 5. Avoid backing when possible, pull 

thru if you can, or make a circle wide 

enough. 

Operating rule 103: When cars are shoved 

and conditions require, a trainman must take 

a conspicuous position on the leading car. At 

night, the trainman must display a white 

light. 

Recommended Action 

In light of the above discussion and in 

an effort to maintain safety in the 

Nation’s rail yards, FRA recommends 

that railroads: 

(1) Assess their current rules 

addressing safety at yard crossings, 

including rules governing shoving and 

pushing movements and backing motor 

vehicles; 

(2) Review, or amend as necessary, 

their point protection rules to clarify 

that the person protecting the point 

visually determine, for the duration of 

the shoving or pushing movement, that 

the track is clear either within the 

person’s range of vision or for the 

complete distance the equipment is to 

be shoved or pushed, or that other 

safeguards are observed to prevent 

critical incidents involving shoving 

movements. FRA notes that continuous 

observation cannot be accomplished if 

the person is also attempting to 

accomplish other tasks that cause the 

person to divert attention from 

providing point protection; 

(3) Review their point protection rules 

and their importance with all relevant 

employees; 

(4) Review their current rules 

pertaining to employee behavior on or 

about tracks with particular emphasis in 

yards with all relevant employees; 

(5) Address the ability of employees 

to call for assistance in emergency 

situations through the use of common 

emergency radio frequencies, or by 

other means; and 

(6) Assess the conspicuity of flat cars 

and other equipment with low profiles 

and consider measures available to 

increase their visibility when they are 

the lead car in a shoving movement, 

especially at yard crossings. 

Failure of industry members to take 

action consistent with the preceding 

recommendations or to take other 

actions to ensure yard safety may result 

in FRA pursuing other corrective 

measures under its rail safety authority. 

FRA may modify this Safety Advisory 

2007–01, issue additional safety 

advisories, or take other appropriate 

action necessary to ensure the highest 

level of safety on the Nation’s railroads. 

Issued in Washington, DC, on January 11, 

2007. 

Joseph H. Boardman, 

Administrator. 

[FR Doc. E7–594 Filed 1–17–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2007–26848] 

Information Collection Available for 

Public Comments and 

Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Maritime 

Administration’s (MARAD’s) intention 

to request approval for three years of a 

new information collection. 

DATES: Comments should be submitted 

on or before March 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Richard Walker, Maritime 

Administration, MAR–810, 400 Seventh 

St., SW.,Washington, DC 20590. 

Telephone: 202–366–8888, Fax: 202–

366–6988; or E-Mail: 

Richard.walker@dot.gov. Copies of this 

collection also can be obtained from that 

office. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Marine Port and 

Terminal Infrastructure Data. 

Type of Request: New Collection. 

OMB Control Number: 2133-New. 

Form Numbers: Marine Terminal 

Operator Survey (Unnumbered), Marine 

Port Survey (Unnumbered), and Marine 

Terminal Company Survey 

(Unnumbered). 

Expiration Date of Approval: Three 

years from date of approval by the 

Office of Management and Budget. 

Summary of Collection Information: 

The Port and Terminal Infrastructure 

Data Collection Survey will provide 

MARAD with key U.S. marine terminal 

data to enable the agency to provide 

timely information to determine the 

present level of system performance and 

future requirements. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Notices 2335 

Need and Use of the Information: 

This biennial survey will assist MARAD 

in determining the number and type of 

facilities available for moving cargo. 

Emphasis will be on throughput 

capacity and the adequacy of the 

number and type of terminals available 

to move cargo efficiently through the 

U.S. global freight transportation 

system. The survey will also provide an 

overview of ownership of marine 

terminals in the United States. 

Description of Respondents: U.S. port 

authorities, marine terminal operators 

and owners of marine terminal 

companies. 

Annual Responses: 581. 

Annual Burden: 872 hours. 

Comments: Comments should refer to 

the docket number that appears at the 

top of this document. Written comments 

may be submitted to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 400 

Seventh Street, SW., Washington, DC 

20590. Comments may also be 

submitted by electronic means via the 

Internet at http://dms.dot.gov/submit. 

Specifically address whether this 

information collection is necessary for 

proper performance of the functions of 

the agency and will have practical 

utility, accuracy of the burden 

estimates, ways to minimize this 

burden, and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. All 

comments received will be available for 

examination at the above address 

between 10 a.m. and 5 p.m. EDT (or 

EST), Monday through Friday, except 

Federal Holidays. An electronic version 

of this document is available on the 

World Wide Web at http://dms.dot.gov. 

Privacy Act 

Anyone is able to search the 

electronic form of all 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) or you 

may visit http://www.dms.dot.gov. 

(Authority: 49 CFR 1.66) 

Dated: January 11, 2007. 

By Order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–595 Filed 1–17–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

January 11, 2006. 

The Department of Treasury has 

submitted the following public 

information collection requirement(s) to 

OMB for review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Copies of the 

submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before February 20, 2007 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1700. 

Type of Review: Extension. 

Title: Qualified Subchapter S 

Subsidiary Election. 

Form: 8869. 

Description: Effective for tax years 

beginning after December 31, 1996, 

Internal Revenue Code section 

1361(b)(3) allows an S corporation to 

own a corporate subsidiary, but only if 

it is wholly owned. To do so, the parent 

S corporation must elect to treat the 

wholly owned subsidiary as a qualified 

subchapter S subsidiary (QSub). Form 

8869 is used to make this election. 

Respondents: Businesses and other 

for-profit institutions. 

Estimated Total Burden Hours: 40,750 

hours. 

OMB Number: 1545–0016. 

Type of Review: Revision. 

Title: United States Additional Estate 

Tax Return. 

Form: 706–A. 

Description: Form 706–A is used by 

individuals to compute and pay the 

additional estate taxes due under Code 

section 2032A(c). IRS uses the 

information to determine that the taxes 

have been properly computed. The form 

is also used for the basis election of 

section 1016(c)(1). 

Respondents: Individuals or 

Households. 

Estimated Total Burden Hours: 1,433 

hours. 

OMB Number: 1545–1732. 

Title: REG–105946–00 (Final) MidContract Change in Taxpayer. 

Type of Review: Extension. 

Description: The information is 

needed by taxpayers who assume the 

obligation to account for the income 

from long-term contracts as the result of 

certain nontaxable transactions. 

Respondents: Businesses and other 

for-profit institutions. 

Estimated Total Burden Hours: 10,000 

hours. 

OMB Number: 1545–0236. 

Title: Occupational Tax and 

Registration Return for Wagering. 

Type of Review: Extension. 

Form: 11–C. 

Description: Form 11–C is used to 

register persons accepting wagers (IRC 

section 4412). IRS uses this form to 

register the respondent, collect the 

annual stamp tax (IRC section 4411), 

and to verify that the tax on wagers is 

reported on Form 730. 

Respondents: Businesses or other forprofit institutions. 

Estimated Total Burden Hours: 

126,175 hour. 

OMB Number: 1545–1299. 

Title: IA–54–90 (Final) Settlement 

Funds. 

Type of Review: Extension. 

Description: The reporting 

requirements affect taxpayers that are 

qualified settlement funds; they will be 

required to file income tax returns, 

estimated income tax returns, and 

withholding tax returns. The 

information will facilitate taxpayer 

examinations. 

Respondents: Businesses and other 

for-profit institutions. 

Estimated Total Burden Hours: 3,542 

hours. 

OMB Number: 1545–0138. 

Title: U.S. Departing Alien Income 

Tax Statement. 

Type of Review: Extension. 

Form: 2063. 

Description: Form 2063 is used by a 

departing resident alien against whom a 

termination assessment has not been 

made, or a departing non-resident alien 

who has no taxable income from United 

States sources, to certify that they have 

satisfied all U.S. income tax obligations. 

The data is used by the IRS to certify 

that departing aliens have complied 

with U.S. income tax laws. 

Respondents: Individuals or 

households. 

Estimated Total Burden Hours: 17,049 

hours. 

OMB Number: 1545–2028. 

Title: Fuel Cell Motor Vehicle Credit. 

Type of Review: Extension. 

Description: This information will be 

used to determine whether the vehicle 

for which the credit is claimed under 

30B by a taxpayer is property that 

qualifies for the credit. The collection of 

information is required to obtain a 

benefit. The likely respondents are 

corporations and partnerships. 


pwalker on PROD1PC71 with NOTICES