Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54681

p.m. to 10 p.m. and on Thursday,

November 13, 1997, from 1 p.m. to 4

p.m. Written material must be received

not later than November 20, 1997.

ADDRESSES: The November 12, 1997,

meeting will be held in the Buras

Auditorium, 111 Auditorium Drive,

Buras, LA. The November 13, 1997,

meeting will be held in the Basement

Conference Room, Hale Boggs Federal

Building, 501 Magazine Street, New

Orleans, LA. Written comments may be

mailed to Commander (mov-1), Eighth

Coast Guard District, Hale Boggs Federal

Building, 501 Magazine Street, New

Orleans, LA 70130–3396, or may be

delivered to room 1341 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments will become part of

this docket and will be available for

inspection or copying at room 1341,

Eighth Coast Guard District office,

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Monty Ledet, Commander, Eighth

Coast Guard District (m), Room 1341,

Hale Boggs Federal Building, 501

Magazine Street, New Orleans, LA

70130–3396, telephone (504) 589–4686.

SUPPLEMENTARY INFORMATION: The Coast

Guard initiated a port access route study

because of safety concerns raised by the

Associated Branch Pilots and the Coast

Guard Marine Safety Office in New

Orleans, LA. The study was announced

in the Federal Register on August 21,

1997 (62 FR 44428). The notice of study

explained in detail the various traffic

management measures, i.e., traffic

separation scheme, two-way route,

precautionary area, that may be used to

address any safety problems in the

study area.

The study area encompasses the

approaches to the Mississippi River, the

Mississippi Gulf Outlet as well as the

area offshore of southeast Louisiana

used by commercial vessels transiting to

and between these ports. The Coast

Guard is trying to determine the scope

of any safety problems associated with

vessel transit in this area.

Attendance is open to the public.

With advance notice, and as time

permits, members of the public may

make oral presentations during the

meeting. Persons wishing to make oral

presentations should notify the person

listed above under FOR FURTHER

INFORMATION CONTACT no later than the

day before the meeting. The meetings

will be workshops to identify and

prioritize the impediments which

interfere with mobility on the waterway.

Written material may be submitted prior

to, during, or after the meetings.

For information on facilities or services for

individuals with disabilities or to request

special assistance at the meetings, contact

Mr. Monty Ledet at (504) 589–4686 as soon

as possible.

Dated: October 10, 1997.

T.H. Gilmour,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 97–27746 Filed 10–20–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Docket No. RSGC–7–SPO, Notice No.

1l]

RIN 2130–AA

Temporary Cessation of Sounding of

Locomotive Horn

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Notice of interim final order and

request for comments.

SUMMARY: FRA is issuing an Interim

Final Order in which The Burlington

Northern and Santa Fe Railway

Company would be ordered to

temporarily cease the sounding of

locomotive horns at a specific crossing

within Spokane County, Washington.

As provided by statute, the Secretary of

Transportation, in order to promote the

quiet of communities affected by rail

operations and the development of

innovative safety measures at highwayrail crossings, may, in connection with

demonstration of proposed new

supplementary safety measures, order a

railroad to temporarily cease the

sounding of locomotive horns at such

crossings.

DATES: Written comments must be

received by November 20, 1997.

Comments received after that date will

be considered to the extent possible

without incurring additional delay.

ADDRESSES: Written comments should

be submitted to the Docket Clerk, Office

of Chief Counsel, Mail Stop 10, FRA,

400 Seventh Street, S.W., Washington,

D.C. 20590.

FOR FURTHER INFORMATION CONTACT:

Bruce F. George, Staff Director, Highway

Rail Crossing and Trespasser Programs,

Office of Safety, FRA, 400 Seventh

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

(telephone: 202–632–3312); Grady C.

Cothen, Jr., Deputy Associate

Administrator for Safety Standards,

FRA, 400 Seventh Street, S.W.,

Washington, D.C. 20590 (telephone:

202–632–3309; or Mark Tessler, Office

of Chief Counsel, FRA, 400 Seventh

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

(telephone 202–632–3171) (e-mail

address: mtessler@fra.dot.gov) .

SUPPLEMENTARY INFORMATION:

Background

Section 20153 of Title 49 of the

United States Code authorizes DOT (and

by delegation of the Secretary of

Transportation, FRA) to prescribe

regulations requiring that locomotive

horns be sounded while each train is

approaching and entering upon each

public highway-rail grade crossing. The

statute also permits the Secretary to

exempt from the requirement to sound

the locomotive horn any category of rail

operations or categories of highway-rail

grade crossings for which

supplementary safety measures fully

compensate for the absence of the

warning provided by the horn. Section

20153(e)(1) states that ‘‘In order to

promote the quiet of communities

affected by rail operations and the

development of innovative safety

measures at highway-rail grade

crossings, the Secretary may, in

connection with demonstration of

proposed new supplementary safety

measures, order railroad carriers

operating over one or more crossings to

cease temporarily the sounding of

locomotive horns at such crossings. Any

such measures shall have been subject

to testing and evaluation and deemed

necessary by the Secretary prior to

actual use in lieu of the locomotive

horn.’’

FRA has been requested by

representatives of Spokane County,

Washington, the Washington Utilities

and Transportation Commission, and

the Burlington Northern Santa Fe

Railroad Company to order the

temporary cessation of sounding of

locomotive horns at two crossings in

Spokane County in order to demonstrate

new and innovative engineering

solutions to prevent motorists from

entering onto highway-rail grade

crossings equipped with fully

functioning grade crossing warning

devices. The crossings which are the

subject of this Order are located at

University Road within Spokane

County, approximately five miles east of

the City of Spokane. Two parallel BNSF

tracks, each with a separate set of

automatic grade crossing warning

devices, cross University Road

approximately 100 feet south of State

Route 290 (Trent Avenue).

In order to institute this

demonstration project as soon as

possible, FRA is issuing this order on an

interim basis. Upon compliance with
54682 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

the provisions contained in the order,

BNSF will be required to cease

sounding of the locomotive horn at the

crossings under the terms of the order.

FRA will revise the order, rescind it, or

issue a final order without change,

depending on information contained in

any comments received.

FRA has evaluated the proposed

actions in accordance with its

procedures for ensuring full

consideration of the environmental

impact of FRA action, as required by the

National Environmental Policy Act (42

U.S.C. 4321 et seq.), other

environmental statutes, Executive

Orders, and the DOT Order 5610.1c. It

has been determined that the proposed

actions will have a beneficial impact on

the environment by the cessation of the

sounding of locomotive horns.

This action has been evaluated in

accordance with existing regulatory

policies and procedures and is

considered to be non-significant under

DOT policies and procedures (44 FR

11304). This action will not have an

impact on a substantial number of small

entities.

Federalism Implications

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612. Inasmuch as implementation of

this order is, by its own terms,

dependent on the request of Spokane

County that such order be issued, and

the purpose of the order is to enable the

county to comply with the purposes of

a Washington State statute, there are

insufficient Federalism implications to

warrant the preparation of a Federalism

Assessment.

Public Participation

Interested parties are invited to

participate in this proceeding by

submitting to the Docket Clerk written

data, views, 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 the FRA Docket Clerk at

the above listed address, in writing,

before the end of the comment period

and specify the basis for their request.

Interim Final Order

Based on the above, FRA issues the

following order:

Interim Final Order to Temporarily

Cease Sounding of Locomotive Horns

I find that:

1. Spokane County, Washington, in

conjunction with The Burlington

Northern and Santa Fe Railway

Company (BNSF) and the Washington

Utilities and Transportation

Commission, and in consultation with

the Federal Railroad Administration

(FRA), has instituted a demonstration of

new and innovative engineering

solutions to prevent motorists from

entering the public highway-rail grade

crossing at University Road in Spokane

County.

2. As part of the demonstration, and

preliminary to the temporary cessation

of the sounding of locomotive horns at

the crossing, Spokane County has tested

various configurations of nonmountable median curbs. As configured

for the principal phases of the

demonstration, these curbs are of

different dimensions in height and

length than arrangements previously

evaluated and provide additional

security for rail operations over the twotrack highway-rail crossing. Roadway

geometry in the area is challenging. The

maintainability of curbs, roadways, and

highly visible delineators during winter

conditions also pose issues of interest

for policy development.

3. As an integral part of this

demonstration, Spokane County

gathered data concerning base line

safety risk and the impact on risk of

installing these proposed new

supplementary safety measures. Data

concerning responses to the automated

warning system by motor vehicle

drivers was gathered by means of video

monitoring of driver behavior. FRA has

evaluated this and other data and finds

pursuant to 49 U.S.C. 20153 that the

proposed new supplementary safety

measures will fully compensate for the

loss of the train horn as a warning

device at this crossing.

4. All engineering improvements

comprising the demonstration have

been tested and evaluated and are

deemed necessary in lieu of the

locomotive horn.

5. Spokane County officials have

expressed a strong interest in

establishing a quiet zone at this

crossing, which is placed within a

segment of railroad exceeding one-half

mile in length, making establishment of

a quiet zone clearly practicable.

6. Issuance of this order will assist the

FRA in gathering information and data

useful to development of final rules

under 49 U.S.C. § 20153.

7. At the request of Spokane County

and the FRA, the BNSF has fully

cooperated in the exploration of options

for safety improvements at the

University Road crossing but considers

that the company is not able to

unilaterally cease use of the train horn

at University Road due to requirements

of state law, absent issuance of this

order.

Accordingly, pursuant to 49 U.S.C.

20153(e)(1), and in order to promote the

quiet of Spokane County and to promote

the development of innovative safety

measures at highway-rail crossings, I

hereby order the BNSF, during the term

of this order and in accordance with its

provisions, to cease sounding of

locomotive horns on approach to and at

the above highway-rail crossing for a

period of four months, beginning

October 15, 1977 (or such later date as

Spokane County may request), subject to

the following conditions:

(a) Non-mountable median curbs with

delineators as approved by the WUTC,

shall remain installed and shall be

maintained at the crossing by Spokane

County;

(b) All highway-rail grade crossing

warning devices installed at the crossing

are operating properly in accordance

with the provisions of 49 CFR part 234.

In the event of a warning system

malfunction as defined in 49 CFR 234.5,

an engineer operating a train through

the crossing is not responsible for

sounding the locomotive horn until he

or she has been informed of the warning

system malfunction.

(c) Advance warning signs, as

approved by the WUTC shall be posted

and maintained by Spokane County

advising motorists that locomotive

horns will not be sounded;

(d) Spokane County, through an

authorized officer, requests in writing

that the sounding of the locomotive

horn cease pursuant to the terms of this

order and serves such request on the

BNSF and the Associate Administrator

for Safety, FRA, at least 14 days prior to

the date on which cessation is

requested;

(e) Spokane County, in consultation

with the FRA Regional Administrator,

Region 8, provides for further data

collection to determine the long-term

effect on motorist behavior of the new

engineering improvements at this

highway-rail crossing without use of a

train-borne audible warning.

The Associate Administrator for

Safety is delegated the authority to

extend the period of this order, as

appropriate, until the effective date of a

final rule issued pursuant to 49 U.S.C.

20153, if the Associate Administrator

for Safety determines that data

developed during the initial

demonstration period confirms the

effectiveness of the subject engineering

improvements and periodic monitoring

continues to confirm this effectiveness.

Nothing in this order is intended to

prohibit an engineer from sounding the

locomotive horn to provide a warning to
Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54683

vehicle operators, pedestrians,

trespassers or crews on other trains in

an emergency situation if, in the

engineer’s sole judgment, such action is

appropriate in order to prevent

imminent injury, death or property

damage. This order does not require that

such warnings be provided nor does it

impose a legal duty to sound the

locomotive horn in such situations.

Nothing in this order excuses

compliance with sections 214.339,

234.105, 234.106, and 234.107 of title

49, Code of Federal Regulations,

concerning use of the locomotive horn

under circumstances therein described.

Nothing in this order is intended to

prohibit an engineer from sounding the

locomotive horn or whistle to provide

necessary communication with other

trains and train crew members if other

means of communication are

unavailable.

Issued in Washington, D.C. on October 15,

1997.

Jolene M. Molitoris,

Administrator.

[FR Doc. 97–27800 Filed 10–20–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33488]

Norfolk and Western Railway

Company—Trackage Rights

Exemption—Union Pacific Railroad

Company

Union Pacific Railroad Company has

agreed to grant local and overhead

trackage rights to Norfolk and Western

Railway Company (NW) over

approximately 50.2 miles of rail line

located in Illinois as follows: (1) Local

access trackage rights over

approximately 4.7 miles of line between

Monterey Lead milepost 4.4 at Monterey

Mine No. 1 (near Carlinville) and

Monterey Lead milepost 0.0 at Monterey

Junction, and both legs of the wye track

and related trackage between milepost

104.5 and milepost 104.8 at Monterey

Junction; (2) local access trackage rights

over approximately 15.0 miles of line

between milepost 104.8 at Monterey

Junction, and milepost 119.8 at

DeCamp; (3) overhead trackage rights

over approximately 15.4 miles of line

between milepost 119.8 at DeCamp and

milepost 135.2 at Edwardsville; and (4)

overhead trackage rights over

approximately 15.1 miles of line

between milepost 135.2 at Edwardsville

and milepost 150.3 at Madison. The

transaction is expected to be

consummated on or soon after October

15, 1997, the effective date of the

exemption.

The purpose of the proposed trackage

rights is to permit the movement of coal

traffic directly between Monterey Mine

No. 1 and Madison, IL, and on to

Coffeen, IL, entirely via NW; and to

eliminate costly delays in handling and

interchanges.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If the notice contains false

or misleading information, the

exemption is void ab initio. Petitions to

revoke the exemption under 49 U.S.C.

10502(d) may be filed at any time. The

filing of a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33488, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001 and served on: James R. Paschall,

General Attorney, Norfolk and Western

Railway Company, Three Commercial

Place, Norfolk, VA 23510–2191.

Decided: October 14, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–27859 Filed 10–21–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review;

Comment Request

October 10, 1997.

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, Pub.

L. 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 2110,

1425 New York Avenue, NW.,

Washington, DC 20220.

Bureau of Alcohol, Tobacco and

Firearms (BATF)

OMB Number: 1512–0024.

Form Number: ATF F 1 (5320.1).

Type of Review: Extension.

Title: Application to Make and

Register Firearm.

Description: This form is used by the

public when applying to make a firearm

that falls within the purview of the

National Firearms Act (NFA). The

information supplied by the applicant

on the form helps to establish the

applicant’s eligibility for approval of the

request.

Respondents: Individuals or

households, Business or other for-profit.

Estimated Number of Respondents:

1,271.

Estimated Burden Hours Per

Respondent: 4 hours.

Frequency of Response: On occasion.

Estimated Total Reporting Burden:

5,084 hours.

OMB Number: 1512–0129.

Form Number: ATF F 4473 (5300.9)

Part I.

Type of Review: Extension.

Title: Firearms Transaction Record,

Part I Over the Counter.

Description: This form is used to

determine the eligibility of a person to

receive a firearm from a Federal

Firearms Licensee. It is also used to

establish the identify of the buyer. The

form is also used in law enforcement in

investigations/inspections to trace

firearms to confirm criminal activity.

Implementing regulations are prescribed

in 27 CFR 78.124.

Respondents: Individuals or

households, Business or other for-profit.

Estimated Number of Recordkeepers:

6,000,000.

Estimated Burden Hours Per

Recordkeeper: 1,026,000.

Frequency of Response: On occasion.

Estimated Total Recordkeeping

Burden: 1,026,000 hours.

OMB Number: 1512–0387.

Recordkeeping Requirement ID

Number: ATF REC 5130/5.

Type of Review: Extension.

Title: Principal Place of Business on

Beer Labels.

Description: ATF regulations permit

domestic brewers who operate more

than one brewery to show as their

address on labels and kegs of beer, their

‘‘principal place of business’’ address.

This label option may be used in lieu of

showing the actual place of production

on the label or of listing all of the

brewer’s locations on the label.

Respondents: Business or other forprofit.

Estimated Number of Recordkeepers:

172,250.