Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 14639 

expected burdens. The Federal Register 

notice with a 60-day comment period 

soliciting comments on the following 

collections of information was 

published on January 17, 2007 (72 FR 

2084). 

DATES: Comments must be submitted on 

or before April 27, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1120 Vermont 

Ave., NW., Mail Stop 25, Washington, 

DC 20590 (telephone: (202) 493–6292), 

or Ms. Gina Christodoulou, Office of 

Support Systems Staff, RAD–20, Federal 

Railroad Administration, 1120 Vermont 

Ave., NW., Mail Stop 43, Washington, 

DC 20590 (telephone: (202) 493–6139). 

(These telephone numbers are not tollfree.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Pub. L. No. 104–13, § 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 January 17, 

2007, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on ICRs that the agency was seeking 

OMB approval. 72 FR 2084. FRA 

received no comments after issuing this 

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, 

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: Passenger Train Emergency 

Preparedness. 

OMB Control Number: 2130–0545. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Form(s): None. 

Abstract: The collection of 

information is due to the passenger train 

emergency regulations set forth in 49 

CFR parts 223 and 239 which require 

railroads to meet minimum Federal 

standards for the preparation, adoption, 

and implementation of emergency 

preparedness plans connected with the 

operation of passenger trains, including 

freight railroads hosting operations of 

rail passenger service. The regulations 

require luminescent or lighted 

emergency markings so that passengers 

and emergency responders can readily 

determine where the closest and most 

accessible exit routes are located and 

how the emergency exit mechanisms are 

operated. Windows and doors intended 

for emergency access by responders for 

extrication of passengers must be 

marked with retro-reflective material so 

that emergency responders, particularly 

in conditions of poor visibility, can 

easily distinguish them from the less 

accessible doors and windows. Records 

of the inspection, maintenance, and 

repair of emergency windows and door 

exits, as well as records of operational 

efficiency tests, will be used to ensure 

compliance with the regulations. 

Annual Estimated Burden: 10,910 

hours. 

Title: Designation of Qualified 

Persons. 

OMB Control Number: 2130–0511. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Form(s): None. 

Abstract: The collection of 

information is used to prevent the 

unsafe movement of defective freight 

cars. Railroads are required to inspect 

freight cars for compliance and to 

determine restrictions on the 

movements of defective cars. The 

collection of information is used by FRA 

to ensure that all freight car inspections 

are conducted by qualified persons who 

have demonstrated to their employing 

railroads a knowledge and ability to 

inspect freight cars for compliance with 

this Part, 49 CFR part 215. 

Annual Estimated Burden: 40 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. 

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 March 22, 

2007. 

D.J. Stadtler, 

Director, Office of Budget, Federal Railroad 

Administration. 

[FR Doc. E7–5622 Filed 3–27–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2006–25764] 

Union Pacific Railroad Company; 

Notice of Withdrawal of Petition for 

Waiver of Compliance and 

Cancellation of Public Hearing 

On September 26, 2006, the Federal 

Railroad Administration (FRA) 

published a notice in the Federal 

Register (71 FR 56217) announcing the 

Union Pacific Railroad Company’s (UP) 

request for a waiver of compliance from 

certain provisions of Title 49 Code of 

Federal Regulations (CFR) Part 232, 

Brake System Safety Standards for 

Freight and Other Non-passenger Trains 

and Equipment, and 49 CFR Part 215, 

Railroad Freight Car Safety Standards, 

for trains received in interchange from 

the Ferrocarriles Nationales de Mexico 

Railroad at the Calexico, California, 

border crossing. Subsequently, on 

November 17, 2006, FRA published a 

notice in the Federal Register (71 FR 

67011) announcing that UP had 

amended its original petition. 

Specifically, UP sought approval to 

postpone performing Class I brake tests 

and freight car safety standards 

inspections until trains arrive at El 


sroberts on PROD1PC70 with NOTICES
14640 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

Centro, California (a distance of 

approximately 10.1 miles). 

FRA received comments from 

interested parties requesting a public 

hearing on the issue and FRA 

subsequently scheduled a public 

hearing for March 29, 2007 in the 

Federal Register on March 5, 2007 (72 

FR 9831). At the same time, FRA 

extended the public comment period in 

the proceeding to April 13, 2007. 

By letters dated March 13, 2007, 

March 15, 2007, and March 19, 2007, 

the interested parties withdrew their 

requests for a public hearing. 

Accordingly, the public hearing 

scheduled for March 29, 2007, in El 

Centro, California, is hereby canceled. 

The comment period will remain open 

until April 13, 2007, as previously 

announced. All communications 

concerning this waiver petition should 

identify the appropriate docket number 

(e.g. Waiver Petition Docket Number 

FRA–2006–25764) and may be 

submitted by one of the following 

methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic site; 

• Fax: 202–493–2251; 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001; or 

• Hand Delivery: Room PL–401 on 

the Plaza Level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

All written communications 

concerning these proceedings are 

available for examination during regular 

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

above facility. Documents in the public 

docket are also available for review and 

copying on the Internet at the docket 

facility Web site at http://dms.dot.gov. 

Issued in Washington, DC on March 22, 

2007. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E7–5616 Filed 3–27–07; 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) received 

a request for a waiver of compliance 

with 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. 

Union Pacific Railroad Company 

[Docket Number FRA–2006–25564] 

The Union Pacific Railroad Company 

(UPRR) seeks a test waiver (WAIVER) of 

49 CFR 232.207 Class IA brake tests—

1,000-mile inspection based on current 

technology of wayside detection 

systems presently deployed by UPRR. 

The waiver is sought for two ‘‘cyclic’’

coal trains from South Powder River 

Basin (SPRB) to the power plants in 

Pleasant Prairie, WI, and White Bluff, 

AR, respectively. These round trips are 

of loaded trains from SPRB to the power 

plants and empty trains from the power 

plants to SPRB. 

Since this is the first time that such 

a relief is requested based on detection 

and alert thresholds from wayside 

detection systems, the UPRR prepared a 

detailed ‘‘Pilot’’ test plan (latest revision 

dated February 6, 2007) with narrative 

describing, step-by-step, how the 

various requirements in 49 CFR 232.207 

Class IA brake tests—1,000-mile 

inspection will be satisfied and verified 

by the wayside detection technology 

now being deployed by UPRR on the 

designated routes in the letter. UPRR 

states that emerging technology, such as 

the wayside detection technology, is a 

reliable, performance-based and cost 

effective asset that can be used to 

enhance and/or replace existing 

regulatory and rules compliance. 

UPRR believes that wayside detection 

using a proven wheel temperature 

detector can be used to automatically 

rank the braking health of each car to 

prioritize inspections and repairs. The 

brake performance detector will utilize 

a brake shoe and thermal scanning 

module (brake shoe presence and its 

position, and hot/cold wheels) to 

determine that all brake components are 

in proper working order. The cars with 

suspect braking force will have colder 

wheels requiring inspections for 

problems such as air brake leaks, 

inoperative valves, and non-functioning 

slack adjusters. Using such a 

performance-based approach to find, 

document and track suspect brake 

problems allows UPRR to significantly 

increase the ability of the maintenance 

organizations to find and repair brake 

systems. Though this results in an 

increased workload to support the 

higher maintenance standard, it will 

also result in higher reliability of freight 

cars. Braking problems on these cars 

would normally be found by ‘‘visualonly’’ methods at a later date, resulting 

in less reliability. Also, the ‘‘visualonly’’ methods are sometimes imposed 

at undesirable locations that 

significantly impede train operations. 

UPRR contends that predictive 

maintenance using wayside data is 

beneficial to manage freight car defects 

that cannot be effectively found or 

tracked with ‘‘visual-only’’ methods. 

Furthermore, exceedingly higher levels 

of safety and reliability can only be 

attained by modifying the existing 

paradigm for equipment and 

infrastructure maintenance by 

expanding the operational procedures to 

include performance measures. Current 

standards inadvertently limit reliability 

by the requirements to address every 

defect at the time it is discovered. This 

has the effect of causing all work to be 

reactive, which is an inherent 

impediment to further discovery. It is 

the UPRR’s intention to perform more 

maintenance work and/or to work with 

its customers in joint efforts to perform 

the increased maintenance required at 

locations that are most complimentary 

to overall railroad productivity in order 

to offset the increased workload 

necessary to improve the overall 

network reliability of its train 

operations. 

The safety evaluation to assess the 

validity of the waiver will require 

extensive collection of pertinent data 

and consequent validation on the two 

routes specified during the proposed 

‘‘pilot’’ test program. The duration of 

the ‘‘pilot’’ test as proposed by UPRR is 

one year. The ‘‘Pilot’’ project will 

provide for the establishment of a data 

baseline (with existing regulatory 

inspections) in which to compare the 

modified inspections and operations as 

requested by the petition. The task will 

require a comprehensive review of the 

49 CFR 232.207 Class IA brake tests’

requirements: What requirements can be 

detected during the pre-departure 

inspection, which requirements may 

require regulatory modifications to 

provide alternate inspection criteria and 

determination if change toward 

performance-based regulations is 

justified or not. 

Pursuant to the receipt of the waiver 

letter and the revised and detailed test 

plan (latest revision dated February 6, 

2007) from UPRR, FRA is hereby 

providing the public an opportunity to 

comment on the waiver. 

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 


sroberts on PROD1PC70 with NOTICES