Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Notices 20913 

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. 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 February 12, 2007, FRA 

published a 60-day notice in the Federal 

Register soliciting comment on ICRs 

that the agency was seeking OMB 

approval. 72 FR 6656. 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: Foreign Railroads’ ForeignBased (FRFB) Employees Who Perform 

Train or Dispatching Service in the 

United States. 

OMB Control Number: 2130–0555. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Form(s): None. 

Abstract: The collection of 

information is used by FRA to 

determine compliance of FRFB train 

and dispatching service employees and 

their employers with the prohibition 

against the abuse of alcohol and 

controlled substances. Because of the 

increase in cross-border train operations 

and the increased risk posed to the 

safety of train operations in the United 

States, FRA seeks to apply all of the 

requirements of 49 CFR part 219 to 

FRFB train and dispatching service 

employees. The basic information—

evidence of unauthorized use of drugs 

and alcohol—is used by FRA to help 

prevent accidents/incidents by 

screening FRFB who perform safetysensitive functions for unauthorized 

drug or alcohol use. FRFB train and 

dispatching service employees testing 

positive for unauthorized use of alcohol 

and drugs are removed from service, 

thereby enhancing safety and serving as 

a deterrent to other FRFB train and 

dispatching service employees who 

might be tempted to engage in the 

unauthorized use of drugs or alcohol. 

Annual Estimated Burden: 28 hours. 

Title: Special Notice for Repairs. 

OMB Control Number: 2130–0504. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Form(s): FRA F 6180.8; FRA F 

6180.8a. 

Abstract: The Special Notice For 

Repairs is issued to notify the carrier in 

writing of an unsafe condition involving 

a locomotive, car, or track. The carrier 

must return the form after repairs have 

been made. The collection of 

information is used by State and Federal 

inspectors to remove freight cars or 

locomotives until they can be restored 

to a serviceable condition. It is also used 

by State and Federal inspectors to 

reduce the maximum authorized speed 

on a section of track until repairs can be 

made. 

Annual Estimated Burden: 10 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 April 20, 

2007. 

D.J. Stadtler, 

Director, Office of Budget, Federal Railroad 

Administration. 

[FR Doc. E7–8018 Filed 4–25–07; 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. 

Alton and Southern Railway 

[Waiver Petition Docket Number FRA–2007–

27320] 

The Alton and Southern Railway 

(ALS), a wholly-owned subsidiary of the 

Union Pacific Railroad (UP), has 

petitioned FRA for a temporary waiver 

of compliance with certain provisions of 

FRA safety regulations (hours of service 

of railroad employees). The waiver 

request seeks relief from 49 CFR Section 

228.9(a)(1) for the ALS to utilize a 

computerized system of recording train 

and engine employee hours of duty 

data. The CFR requires that records 

maintained under Section 228.9(a)(1) be 

signed by the employee whose time is 

being recorded, or in the case of train 

and engine crews, signed by the ranking 

crew member. The ALS seeks to utilize 

a computerized system of recording 

hours of duty information that is 

currently being used by the UP. Without 

waiver permission, the record produced 

by the program would not comply with 

Section 228(a)(1) requirements for a 

‘‘signature’’ of the employee or ranking 

crew member. The ALS proposes that 

each employee will have his or her own 

identification number (ID) and personal 

identification number (PIN). The PIN 

will remain confidential to the 

employee. The employee ID and PIN 

will be used to restrict access to a job 


rwilkins on PROD1PC63 with NOTICES
20914 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Notices 

or train reporting screen to only the 

employee or ranking crew member of 

that specific job or train. After entering 

the appropriate data, the employee will 

be asked to ‘‘certify’’ his or her entries. 

When certified, the data entered by the 

employee will be electronically stamped 

by the computer with the entering 

employee’s ID and the date and time of 

certification. The employee’s certified 

record will then be available through 

the FRA inspection screen and will 

display the employee’s ID along with 

the date and time of certification. The 

ALS proposes replacing the current 

manually signed paper record with a 

printable copy of the employee’s 

entered data showing the date, time and 

ID of entering employee. 

The ALS warrants that the program to 

be used is a copy of the program 

approved for use by UP under a current 

waiver of compliance. The ALS 

maintains that the change is in the best 

interests of all parties in that it will 

reduce unnecessary paperwork and the 

costs associated therewith while 

providing the railroad, its employees, 

and FRA with a superior level of 

information on a more timely basis than 

is currently available. 

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–2007–

27320) and must be submitted to the 

Docket Clerk, DOT Central Docket 

Management Facility, Room PL–401, 

400 7th Street, NW., Washington, DC 

20590–0001. 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://dms.dot.gov. 

Issued in Washington, DC on April 20, 

2007. 

Michael J. Logue, 

Deputy Associate Administrator for Safety 

Compliance and Program Implementation. 

[FR Doc. E7–8023 Filed 4–25–07; 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) 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. 

Charlotte Area Transit System 

[Waiver Petition Docket Number FRA–2006–

25837] 

The Charlotte Area Transit System 

(CATS) plans to operate and maintain a 

light rail system known as the South 

Corridor Light Rail Line (CATS System) 

with revenue service slated to begin in 

Fall 2007. CATS seeks a permanent 

waiver of compliance from sections of 

Title 49 of the CFR for operation of its 

10-mile long CATS System that at times 

is adjacent to active Norfolk Southern 

Railway Company (NS) tracks in a 

shared corridor operation, thus 

representing a ‘‘limited connection’’

with the general railroad system. See 

Statement of Agency Policy Concerning 

Jurisdiction Over the Safety of Railroad 

Passenger Operations and Waivers 

Related to Shared Use of the Tracks of 

the General Railroad System by Light 

Rail and Conventional Equipment, 65 

FR 42529 (July 10, 2000). See also Joint 

Statement of Agency Policy Concerning 

Shared Use of the Tracks of the General 

Railroad System by Conventional 

Railroads and Light Rail Transit 

Systems, 65 FR 42626 (July 10, 2000). 

The CATS System is a new 10-mile 

long light rail operation that will share 

a corridor with NS freight trains in 

certain locations. The CATS System will 

run on its own tracks and NS will 

conduct freight rail operations on 

existing tracks that are located generally 

at least 40 feet from the nearest CATS 

System trackage at certain locations 

along the light rail alignment. The CATS 

System and NS will not share trackage 

or train control systems and the CATS 

System trackage and NS trackage will 

not cross at any location. The CATS 

System will share two public highwayrail grade crossings with NS, 

representing a limited connection and, 

as such, the CATS System is subject to 

FRA jurisdiction. These two shared 

crossings will be equipped with flashing 

lights and gates on each side of the 

roadway. The shared crossings will have 

interlocking relays so that both CATS 

crossing equipment and NS crossing 

equipment activate together in vital 

design. CATS and NS employees will 

maintain their own equipment on their 

respective sides of the shared crossing. 

CATS will employ five full-time Signal 

employees and their hours will be 

staggered to cover all hours when the 

CATS System is in revenue service. It is 

anticipated that most of the CATS 

System Signal employees will work 

standard 10-hour shifts, 4 days a week. 

CATS is seeking a permanent waiver 

of compliance from certain sections of 

Title 49 of the CFR and offers that it is 

similarly governed by the System Safety 

Program Plan as required by the Federal 

Transit Administration. For this limited 

connection, CATS seeks a permanent 

waiver of compliance from 49 CFR part 

228, Hours of Service of Railroad 

Employees. CATS anticipates never 

having more than 15 Signal employees 

and thereby qualifies to petition for a 

statutory exemption from the Hours of 

Service law (49 U.S.C. Section 

21102(b)). CATS states it is seeking this 

waiver because it will give CATS the 

flexibility it needs to manage its small 

workforce. In order to schedule and 

implement preventive maintenance 

activities and to cover other operational 

requirements that may arise during 

scheduled activities, CATS says it needs 

the flexibility to deploy its limited 

workforce efficiently, occasionally 

having its Signal employees work longer 

shifts or stay on-call during non-revenue 

hours. CATS will not, under any 

circumstance, require these Signal 

employees to work more than 16 hours 

in any 24 hour period. 

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, specifying 

the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number 2006–25837) 


rwilkins on PROD1PC63 with NOTICES