Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Notices 46793

practices, as specified in 15 CFR 2007.0

(a) and (b).

FOR FURTHER INFORMATION CONTACT: GSP

Subcommittee, Office of the United

States Trade Representative, 600 17th

Street, NW, Room 518, Washington, DC

20508 (Tel. 202/395–6971). Public

versions of all documents relating to

this review may be seen by appointment

in the USTR public Reading Room

between 9:30–12 a.m. and 1–4 p.m. (Tel.

202/395–6186).

SUPPLEMENTARY INFORMATION: The GSP

program is authorized pursuant to Title

V of the Trade Act of 1974, as amended

(‘‘the Trade Act’’) (19 U.S.C. 2461 et

seq.). The GSP program grants duty-free

treatment to designated eligible articles

that are imported from designated

beneficiary developing countries. In a

Federal Register notice dated August

13, 1997 (62 FR 43408), USTR

announced the acceptance of product

petitions for review. In addition, USTR

has received a number of petitions

requesting that certain practices in

certain beneficiary developing countries

be reviewed to determine whether such

countries are in compliance with the

eligibility criteria set forth in sections

502(b) and 502(c) of the Trade Act (19

U.S.C. 2462(b) and 2462(c)).

I. Subject of Reviews

A. Petitions Requesting Modifications of

Product Eligibility

As described in a Federal Register

notice dated August 13, 1997 (62 FR

43408), USTR accepted petitions from

interested parties and foreign

governments to: (1) Designate articles as

eligible for the GSP; (2) withdraw,

suspend or limit GSP duty-free

treatment accorded either to eligible

articles under the GSP or to individual

beneficiary developing countries with

respect to specific GSP eligible articles;

and (3) waive competitive need limits.

USTR has requested the advice of the

U.S. International Trade Commission

(USITC) on the probable economic

effects of granting the requested GSP

changes on U.S. industries producing

like or directly competitive articles and

on consumers. A nonconfidential

version of the USITC analysis will be

made available to the public as of

approximately December 30, 1997.

Any modifications to the list of

articles eligible for duty-free treatment

under the GSP program resulting from

the GSP 1997 Product Review will be

announced on or about May 1, 1998,

and will take effect July 1, 1998.

B. Petitions Accepted for Review

Regarding Country Practices

Pursuant to 15 CFR 2007.0(b), the

Trade Policy Staff Committee has

accepted petitions to review the GSP

status of (1) Belarus and Swaziland

based on the alleged failure of each to

provide adequate and effective

protection for internationally recognized

worker rights, and (2) the Philippines

based on its alleged failure to provide

equitable and reasonable access to its

markets. (The decision on the

Philippines intellectual property rights

case has been deferred.)

Any modifications to the list of

beneficiary developing countries for

purposes of the GSP program resulting

from the Country Practices Review will

take effect on such date as will be

notified in a future Federal Register

notice.

II. Opportunities for Public Comment

and Inspection of Comments

The GSP Subcommittee of the TPSC

invites comments in support of, or in

opposition to, any petition which is the

subject of this notice. Submissions

should comply with 15 CFR Part 2007,

including sections 2007.0, and 2007.1.

All submissions should identify the

subject article(s) in terms of the current

Harmonized Tariff Schedule of the

United States (‘‘HTS’’) nomenclature.

Comments should be submitted in

fourteen (14) copies, in English, to the

Chairman of the GSP Subcommittee of

the Trade Policy Staff Committee, 600

17th Street, NW., Room 518,

Washington, DC 20508. Information

submitted will be subject to public

inspection by appointment with the

staff of the USTR public reading room,

except for information granted

‘‘business confidential’’ status pursuant

to 15 CFR 2003.6 and other qualifying

information submitted in confidence

pursuant to 15 CFR 2007.7. If the

document contains business

confidential information, an original

and fourteen (14) copies of a

nonconfidential version of the

submission along with an original and

fourteen (14) copies of the confidential

version must be submitted. In addition,

any document containing confidential

information should be clearly marked

‘‘confidential’’ at the top and bottom of

each page of the document. The version

that does not contain confidential

information (the public version) should

also be clearly marked at the top and

bottom of every page (either ‘‘public

version’’ or ‘‘nonconfidential’’).

Comments should be submitted no later

than 5:00 p.m. on September 30, 1997.

III. Notice of Public Hearings

Hearings will be held on October 22,

23, (and October 24, 1997, if needed)

beginning at 10:00 a.m. at the U.S.

International Trade Commission

Building, 500 E Street, SW.,

Washington, DC 20436. The hearings

will be open to the public and a

transcript of the hearings will be made

available for public inspection or can be

purchased from the reporting company.

No electronic media coverage will be

allowed.

All interested parties wishing to

present oral testimony at the hearings

must submit the name, address, and

telephone number of the witness(es)

representing their organization to the

Chairman of the GSP Subcommittee.

Such requests to present oral testimony

at the public hearings should be

accompanied by fourteen (14) copies, in

English, of a written brief or statement,

and should be received by 5 p.m. on

September 30, 1997. Oral testimony

before the GSP Subcommittee will be

limited to five minute presentations that

summarize or supplement information

contained in the briefs or statements

submitted for the record. Post-hearing

and rebuttal briefs or statements should

conform to the regulations cited above

and be submitted in fourteen (14)

copies, in English, no later than 5 p.m.

November 19, 1997.

Interested persons not wishing to

appear at the public hearings may also

submit pre-hearing written briefs or

statements by 5:00 p.m. on September

30, 1997, and post-hearing and rebuttal

written briefs or statements by

November 19, 1997. Comments by

interested persons on the USITC Report

should be submitted in fourteen (14)

copies, in English, by 5 p.m. January 15,

1998.

Frederick L. Montgomery,

Chairman, Trade Policy Staff Committee.

[FR Doc. 97–23493 Filed 9–3–97; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Safety Advisory

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Notice of Safety Advisory.

SUMMARY: FRA is issuing Safety

Advisory 97–1 addressing safety

practices to reduce the risk of casualties

from train derailments caused by

damage to tracks, roadbed, and bridges

resulting from uncontrolled flows of
46794 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Notices

water and similar weather-related

phenomena.

FOR FURTHER INFORMATION CONTACT:

Gordon A. Davids, P.E., Bridge

Engineer, Office of Safety Assurance

and Compliance, FRA, 400 Seventh

Street, S.W., RRS–15, Mail Stop 25,

Washington, D.C. 20590 (telephone

202–632–3340) or Daniel L. Alpert, Trial

Attorney, Office of Chief Counsel, FRA,

400 Seventh Street, S.W., RCC–12, Mail

Stop 10, Washington, D.C. 20590

(telephone 202–632–3186).

SUPPLEMENTARY INFORMATION: A recent

derailment involving train number 4 of

the National Railroad Passenger

Corporation (Amtrak) on The Burlington

Northern and Santa Fe Railway

Company (BNSF) near Kingman,

Arizona, on August 9, 1997, has caused

FRA to focus on the effectiveness of

railroad procedures for protection of

trains and personnel from hazards

caused by severe weather conditions.

The investigation of that accident by the

National Transportation Safety Board

(NTSB) and FRA continues. The facts

and findings developed in the

investigation will be published when

the investigation is complete.

Special Inspection Procedures

The Federal Track Safety Standards

(49 CFR part 213) state, ‘‘In the event of

fire, flood, severe storm, or other

occurrence which might have damaged

track structure, a special inspection

must be made of the track involved as

soon as possible after the occurrence.’’

(49 CFR 213.239). This provision is

purposely general in nature, because it

is not practicable to specify in a

minimum safety standard all the

conditions which could trigger a special

inspection, nor the manner in which

any particular special inspection must

be conducted. However, in accordance

with the primary purpose of the Track

Safety Standards and associated railroad

safety laws, these special inspections

should be conducted so as to effectively

prevent derailments. In light of recent

occurrences and past experience, FRA

now believes it necessary to issue this

safety advisory to provide railroads with

recommended procedures to further this

objective.

FRA has investigated several train

derailments in which damage from

unexpected moving water was a causal

factor. Incidents reported to FRA

between January 1982 and March 1996

included 26 derailments caused by

washouts of bridges or bridge

approaches, and 16 derailments caused

by washouts or water damage to culverts

or subgrade not near a bridge. In most

cases, the railroad had some form of

notification of the severe weather

conditions and either initiated or

performed an inspection. When the

derailment occurred, either the

inspector had not reached the

derailment site before the train, had

inspected the track and not recognized

a hazardous condition, or had

performed the inspection before the

damage had become detectible. FRA

believes that more specific measures can

be taken by each railroad that conducts

operations on track subject to hazards

from flowing water to reduce the

likelihood of future derailments caused

by those hazards.

Vulnerable Structures and Track

FRA believes that several types of

bridge and drainage structure

components should be identified as

vulnerable and be given special

consideration in any decision related to

the operation of trains both during and

following a severe rainstorm. In

particular, bents, piers, and abutments

that rest directly on soil or degradable

rock near the surface might be rapidly

undermined in a severe rainstorm.

Similarly, stream bed configurations in

which the water course takes a bend or

a change in slope near the track are

often unpredictable in times of heavy

flow. During such conditions, soil

displacement can progress rapidly in an

unpredictable manner in locations that

are not visible to a person above the

water surface. The size of a drainage

structure, and whether it is categorized

as a bridge or a culvert, is not as

important as the vulnerability of the

structure and its supported track to the

effects of flowing water.

Recommended Action

FRA believes that the chance of

further derailments, such as occurred

near Kingman, Arizona, on August 9,

1997, would be greatly reduced by the

inclusion of certain additional measures

into the procedures for special

inspections followed in the railroad

industry in the event of a threat of a

severe rainstorm, at the level of a flash

flood. FRA has determined that each

railroad that controls the operation of

trains on Class 4 or higher track, or

passenger trains in commuter or

intercity service, should have in place a

program to protect its train operations

from the effects of damage to tracks and

structures caused by severe weather

conditions, particularly flash floods.

Therefore, FRA issues the following

advisory to each affected railroad:

1. The railroad should have in place

a procedure that will assure that all

notifications issued by the National

Weather Service (NWS) of flash flood

warnings will be received within 15

minutes of issuance from the NWS,

directly or through a contract weather

forecasting service, by the train

dispatchers or other employees

controlling the movement of trains on

all track of Class 4 or higher or upon

which passenger trains operate in

commuter or intercity service, within

the warning area. In the case of such

track located outside of the warning area

but subject to damage from water

resulting from the storm, the

information should be obtained in time

to permit timely response by the

railroad.

2. After the receipt of a warning of a

flash flood which might damage track or

bridges, the railroad should notify train

crews and limit the speed of all freight

and passenger trains to that which will

permit the train to operate safely,

consistent with the potential water

levels and visibility conditions, on all

track subject to damage from the flood.

The limitations should continue until a

special inspection in accordance with

49 CFR 213.239 has been performed of

that track and it is determined that a

hazard no longer exists. In making that

inspection and determination, the time

taken for the heaviest flow of water to

reach the track should be considered.

3. Each railroad affected by this

advisory should identify its bridges

carrying track of Class 4 or higher or

over which passenger trains operate in

commuter or intercity service, which are

vulnerable to damage from flash floods

or similar weather-related phenomena.

Particular attention should be given to

bridges which incorporate piers, bents,

or abutments, which are founded on soil

or degradable rock which could lose its

integrity as a result of scour by moving

water, and which are commonly

referred to as ‘‘mud sills’’ or ‘‘spread

footings.’’

4. The information developed in

paragraph 3 should be compiled and

made available to each person who can

be called upon to perform special

inspections on the subject track

following a flash flood warning.

Consideration should be given to

placing identifying marks on bridges

that need particular attention in special

inspections, along with the bridge

number, to assist inspectors in locating

them with certainty during inclement

weather. Consideration should also be

given to the use of automated high water

detectors or similar sensing and warning

systems on specific bridges which could

incur water damage that would be

hidden from or not otherwise detectible

by a human inspector.

5. In addition to the bridge-specific

information called for in paragraph 3,
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Notices 46795

each affected railroad should implement

a training program for the persons

performing special inspections. The

training should include methods to

recognize and protect the safety of

railroad operations from the damaging

characteristics of flowing water in

general, with particular regard to the

effects of a watercourse that takes a

significant change in horizontal

direction or vertical profile near the

track; the effects of drift material

accumulation on scour and the capacity

of the waterway opening; and the

potential for damage by impact of heavy

floating objects.

6. Refresher training of track

inspectors on the subjects addressed in

paragraph 5 should be conducted at

least once each calendar year. Where

practicable, that refresher training

should include a joint inspection by a

track inspector and a cognizant bridge

maintenance or engineering employee

over the inspector’s assigned territory.

During that joint inspection they should

locate the vulnerable components in the

bridges identified in paragraph 3,

discuss the precautions to be taken in

the event of indications of distress in

those components, observe drainage

conditions on and adjacent to the rightof-way, and note changes for inclusion

in the revisions of information called for

in paragraph 9.

7. If a track inspector is assigned to

perform a special inspection in

accordance with paragraph 2, and

bridges identified as vulnerable are in

the track segment subject to damage

from the flash flood, a cognizant bridge

maintenance or engineering employee

should be readily available by telephone

or radio to assist in the interpretation of

findings by the track inspector.

8. Each affected railroad should brief

all of its track and bridge inspectors on

the contents of this advisory. These

briefings should occur within 14

calendar days of the date of publication

of this safety advisory in the Federal

Register.

9. FRA believes that the actions

described in paragraphs 3, 4, and 5

should be completed within 60 calendar

days of the date of publication of this

safety advisory in the Federal Register.

During this period, each affected

railroad should complete an initial

review of its bridges for vulnerability to

high or rapidly flowing water and

provide that information to its

inspectors. More detailed reviews

should be substantially completed and

provided to inspectors during calendar

year 1998 and then maintained in a

current status.

10. FRA requests a letter within 45

calendar days of the date of publication

of this safety advisory in the Federal

Register from each affected railroad

specifying the actions it has taken and

will initiate to enhance the safety of

train operations in the event of a flood

or a high or rapid water condition. Such

letters should be addressed to the

Associate Administrator for Safety,

FRA, RRS–1, Mail Stop 25, 400 Seventh

Street S.W., Washington, DC 20590.

Paperwork Reduction Act Provisions

This advisory does not require that

any records or reports be kept or

submitted. It merely recommends that

railroads collect or provide certain

information. Nevertheless, because

some might see these recommendations

as paperwork burdens, FRA will seek

approval of them. Under the Paperwork

Reduction Act of 1995 (PRA), Public

Law No. 104–13, Section 2, 109 Stat.

163 (1995) (codified as revised at 44

U.S.C. 3501–3520), and its

implementing regulations, 5 CFR

1320.13, FRA is requesting the Office of

Management and Budget (OMB) to

conduct an emergency review and

approval of the information collection

items contained in this safety advisory.

FRA is seeking OMB’s approval of these

information collection items by

September 5, 1997.

FRA invites interested respondents to

comment on the following summary of

proposed information collection

activities regarding (i) whether the

information collection activities are

necessary for FRA to properly execute

its functions, including whether the

activities will have practical utility; (ii)

the accuracy of FRA’s estimates of the

burden of the information collection

activities, including the validity of the

methodology and assumptions used to

determine the estimates; (iii) ways for

FRA to enhance the quality, utility, and

clarity of the information being

collected; and (iv) ways for FRA to

minimize the burden of information

collection activities on the public by

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology (e.g., permitting electronic

submission of responses). See 44 U.S.C.

3506(c)(2)(A)(i)–(iv); 5 CFR

1320.8(d)(1)(i)–(iv). FRA believes that

soliciting public comment will promote

its efforts to reduce the administrative

and paperwork burdens associated with

the collection of information mandated

by Federal regulations. In summary,

FRA reasons that comments received

will advance three objectives: (i) Reduce

reporting burdens; (ii) ensure that the

agency organizes information collection

items in a ‘‘user friendly’’ format to

improve the use of such information;

and (iii) accurately assess the resources

expended to retrieve and produce

information requested. See 44 U.S.C.

3501.

Provided below are summaries of the

seven information collection activities

FRA will submit for clearance by OMB

as required by the PRA:

Title: Identify vulnerable bridges.

OMB Control Number: New.

Abstract: Each railroad affected by

this advisory should identify its bridges

carrying track of Class 4 or higher, or

over which passenger trains operate in

commuter or intercity service, which are

vulnerable to damage from flash floods

or other weather-related events that may

be included in its severe weather

operating program.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads

with 20,000 bridges.

Frequency of Submission: One time.

Total Responses: 25.

Average Time Per Response: 10

minutes per bridge.

Estimated Total Annual Burden

Hours: 3,400 hours one time.

Status: Emergency processing by

OMB.

Title: Compile and publish

information to inspectors.

OMB Control Number: New.

Abstract: The information developed

in paragraph 3 should be compiled and

made available to each person who can

be called upon to perform special

inspections on the subject track

following a flash flood warning.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: No

submission.

Total Responses: 1,200.

Average Time Per Response: 2.5 hours

initially, 1 hour annually thereafter.

Estimated Total Annual Burden

Hours: 3,000 hours one time, 1,200

hours annually thereafter.

Status: Emergency processing by

OMB.

Title: Place identifying markings on

bridges that need special attention.

OMB Control Number: New.

Abstract: Consideration should be

given to placing identifying marks on

bridges that need particular attention in

special inspections, along with the

bridge number, to assist inspectors in

locating them with certainty during

inclement weather.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: No

submission.
46796 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Notices

1The ICC Termination Act of 1995, Pub. L. 104–

88, 109 Stat. 803 (the Act), which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the Act

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. This notice relates to

a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to section 49 U.S.C.

10901. Therefore, this notice applies the law in

effect prior to the Act, and citations are to the

former section of the statute, unless otherwise

indicated.

Total Responses: 1,000.

Average Time Per Response: 3 hours

initially, 15 minutes annually thereafter.

Estimated Total Annual Burden

Hours: 3,000 hours one time, 250 hours

annually thereafter.

Status: Emergency processing by

OMB.

Title: Training Program for Inspectors.

OMB Control Number: New.

Abstract: Each affected railroad

should implement a training program

for the persons performing special

inspections.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: No

submission.

Total Responses: 25.

Average Time Per Response: 441.6

hours one time, 88 hours annually

thereafter.

Estimated Total Annual Burden

Hours: 11,040 hours one time, 2,200

hours annually thereafter.

Status: Emergency processing by

OMB.

Title: Provide initial briefing to

inspectors.

OMB Control Number: New.

Abstract: Each affected railroad

should brief all of its track and bridge

inspectors on the contents of this

advisory. These briefings should occur

within 14 calendar days of the date of

publication of this safety advisory in the

Federal Register.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: None.

Total Responses: 300.

Average Time Per Response: 4 hours.

Estimated Total Annual Burden

Hours: 2,400 hours.

Status: Emergency processing by

OMB.

Title: Review of bridges for

vulnerability to high water, initial and

annual.

OMB Control Number: New.

Abstract: FRA believes that the

actions described in paragraphs 3, 4,

and 5 should be completed within 60

calendar days of the date of publication

of this safety advisory in the Federal

Register. During this period, each

affected railroad should complete an

initial review of its bridges for

vulnerability to high or rapidly flowing

water and provide that information to

its inspectors. More detailed reviews

should be substantially completed and

provided to inspectors during calendar

year 1998 and then maintained in a

current status.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: None.

Total Responses: 1,000.

Average Time Per Response: 2 hours

initially in 1998, 30 minutes annually

thereafter.

Estimated Total Annual Burden

Hours: 2,000 hours initially in 1998, 500

hours annually thereafter.

Status: Emergency processing by

OMB.

Title: Notify FRA of bridge safety

inspection programs in place.

OMB Control Number: New.

Abstract: FRA requests a letter within

45 calendar days of the date of

publication of this safety advisory in the

Federal Register from each affected

railroad specifying the actions it has

taken and will initiate to enhance the

safety of train operations in the event of

a flood or a high or rapid water

condition. Such letters should be

addressed to the Associate

Administrator for Safety, FRA, RRS–1,

Mail Stop 25, 400 Seventh Street S.W.,

Washington, DC 20590.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 25 railroads.

Frequency of Submission: One time.

Total Responses: 25.

Average Time Per Response: 4 hours

one time.

Estimated Total Annual Burden

Hours: 200 hours one time.

Status: Emergency processing by

OMB.

FRA cannot impose a penalty on

persons for violating information

collection requirements which do not

display a current OMB control number,

if required. Here, of course, FRA is not

issuing information collection

requirements and has no intention of

imposing penalties under any

provisions of this safety advisory. FRA

intends to obtain current OMB control

numbers for any information collection

items contained in this Safety Advisory.

The OMB control number, when

assigned, will be announced by separate

notice in the Federal Register.

For further information please contact

Ms. Gloria Swanson, Office of Planning

and Evaluation Division, RRS–21,

Federal Railroad Administration, 400

Seventh Street, S.W., Washington, D.C.

20590 (telephone: (202) 632–3318) or

MaryAnn Johnson, Office of Information

Technology and Productivity

Improvement, RAD–20, Federal

Railroad Administration, 400 Seventh

Street, S.W., Washington, D.C. 20590

(telephone: (202) 632–3226). (These

telephone numbers are not toll-free.)

FRA may modify Safety Advisory 97–

1, issue additional safety advisories, or

take other appropriate necessary action

to ensure the highest level of safety on

the Nation’s railroads.

Issued in Washington, DC, on September 2,

1997.

James T. Schultz,

Associate Administrator for Safety.

[FR Doc. 97–23618 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 1

[Finance Docket No. 32530]

Kansas City Southern Railway

Company—Construction and

Operation Exemption—Geismar

Industrial Area Near Gonzales and

Sorrento, Louisiana

AGENCY: Surface Transportation Board.

ACTION: Notice of extension of time for

comment period for draft environmental

impact statement (EIS).

SUMMARY: The Kansas City Southern

Railway Company (KCS) applied to the

Interstate Commerce Commission (ICC),

now the Surface Transportation Board

(Board), for authority to construct and

operate an 8.62-mile rail line from the

Geismar Industrial area to its mainline

near Gonzales and Sorrento, in

Ascension Parish, Louisiana. On July

16, 1997, the Board’s Section of

Environmental Analysis (SEA) issued a

draft EIS. Consistent with Council on

Environmental Quality (CEQ)

regulations for implementing the

National Environmental Policy Act

(NEPA), SEA provided a 45-day

comment period for the public review of

the draft EIS, with comments due by

September 8, 1997.

Several parties, including the

Concerned Citizens of Ascension Parish

(CCAP), Illinois Central Railroad (IC),

members of Congress, and local

individuals have requested that the

comment period be extended an