20478 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax. A 

non-confidential summary of the 

confidential information must be 

submitted to www.regulations.gov. The 

non-confidential summary will be 

placed in the docket and open to public 

inspection. 

Pursuant to section 127(e) of the 

Uruguay Round Agreements Act (19 

U.S.C. 3537(e)), USTR will maintain a 

docket on this dispute settlement 

proceeding accessible to the public at 

www.regulations.gov, docket number 

USTR 2012–0005. The public file will 

include non-confidential comments 

received by USTR from the public with 

respect to the dispute. If a dispute 

settlement panel is convened or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute, will be made available to the 

public on USTR’s Web site at 

www.ustr.gov, and the report of the 

panel, and, if applicable, the report of 

the Appellate Body, will be available on 

the Web site of the World Trade 

Organization, www.wto.org. Comments 

open to public inspection may be 

viewed on the www.regulations.gov Web 

site. 

Bradford Ward, 

Acting Assistant United States Trade 

Representative for Monitoring and 

Enforcement. 

[FR Doc. 2012–8018 Filed 4–3–12; 8:45 am] 

BILLING CODE 3190–W2–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2012–0006–N–4] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

renewal of the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements for 

clearance by the Office of Management 

and Budget (OMB), FRA is soliciting 

public comment on specific aspects of 

the activities identified below. 

DATES: Comments must be received no 

later than June 4, 2012. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave. SE., Mail Stop 17, 

Washington, DC 20590, or Ms. Kimberly 

Toone, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number 2130–___.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via email to 

Mr. Brogan at robert.brogan@dot.gov, or 

to Ms. Toone at kimberly.toone@dot.gov. 

Please refer to the assigned OMB control 

number in any correspondence 

submitted. FRA will summarize 

comments received in response to this 

notice in a subsequent notice and 

include them in its information 

collection submission to OMB for 

approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave. SE., Mail Stop 17, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. Kimberly Toone, 

Office of Information Technology, RAD– 

20, Federal Railroad Administration, 

1200 New Jersey Ave. SE., Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6132). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 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 

provide 60-days notice to the public for 

comment on information collection 

activities before seeking approval for 

reinstatement or renewal by OMB. 44 

U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 

1320.10(e)(1), 1320.12(a). Specifically, 

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 it 

organizes information collection 

requirements 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. 

Below are brief summaries of eight 

currently approved information 

collection activities that FRA will 

submit for clearance by OMB as 

required under the PRA: 

OMB Control Number: 2130–0006. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Businesses. 

Form Number(s): N/A. 

Abstract: The regulations pertaining 

to railroad signal systems are contained 

in 49 CFR parts 233 (Signal System 

Reporting Requirements), 235 

(Instructions Governing Applications for 

Approval of a Discontinuance or 

Material Modification of a Signal 

System), and 236 (Rules, Standards, and 

Instructions Governing the Installation, 

Inspection, Maintenance, and Repair of 

Systems, Devices, and Appliances). 

Section 233.5 provides that each 

railroad must report to FRA within 24 

hours after learning of an accident or 

incident arising from the failure of a 

signal appliance, device, method, or 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20479 

system to function or indicate as 

required by Part 236 of this Title that 

results in a more favorable aspect than 

intended or other condition hazardous 

to the movement of a train. Section 

233.7 sets forth the specific 

requirements for reporting signal 

failures within 15 days in accordance 

with the instructions printed on Form 

FRA F 6180.14. Finally, Section 233.9 

sets forth the specific requirements for 

the ‘‘Signal System Five Year Report.’’ 

It requires that every five years each 

railroad must file a signal system status 

report. The report is to be prepared on 

a form issued by FRA in accordance 

with the instructions and definitions 

provided. Title 49, Part 235 of the Code 

of Federal Regulations, sets forth the 

specific conditions under which FRA 

approval of modification or 

discontinuance of railroad signal 

systems is required and prescribes the 

methods available to seek such 

approval. The application process 

prescribed under Part 235 provides a 

vehicle enabling FRA to obtain the 

necessary information to make logical 

and informed decisions concerning 

carrier requests to modify or 

discontinue signaling systems. Section 

235.5 requires railroads to apply for 

FRA approval to discontinue or 

materially modify railroad signaling 

systems. Section 235.7 defines material 

modifications and identifies those 

changes that do not require agency 

approval. Section 235.8 provides that 

any railroad may petition FRA to seek 

relief from the requirements under 49 

CFR part 236. Sections 235.10, 235.12, 

and 235.13 describe where the petition 

must be submitted, what information 

must be included, the organizational 

format, and the official authorized to 

sign the application. Section 235.20 sets 

forth the process for protesting the 

granting of a carrier application for 

signal changes or relief from the rules, 

standards, and instructions. This section 

provides the information that must be 

included in the protest, the address for 

filing the protest, the item limit for 

filing the protest, and the requirement 

that a person requesting a public 

hearing explain the need for such a 

forum. Section 236. 110 requires that 

the test results of certain signaling 

apparatus be recorded and specifically 

identify the tests required under 

sections 236.102–109; sections 236.377– 

236.387; sections 236.576; 236.577; and 

section 236.586–589. Section 236.110 

further provides that the test results 

must be recorded on pre-printed or 

computerized forms provided by the 

carrier and that the forms show the 

name of the railroad, place and date of 

the test conducted, equipment tested, 

test results, repairs, and the condition of 

the apparatus. This section also requires 

that the employee conducting the test 

must sign the form and that the record 

be retained at the office of the 

supervisory official having the proper 

authority. Results of tests made in 

compliance with sections 236.587 must 

be retained for 92 days, and results of 

all other tests must be retained until the 

next record is filed, but in no case less 

than one year. Additionally, section 

236.587 requires each railroad to make 

a departure test test of cab signal, train 

stop, or train control devices on 

locomotives before that locomotive 

enters the equipped territory. This 

section further requires that whoever 

performs the test must certify in writing 

that the test was properly performed. 

The certification and test results must 

be posted in the locomotive cab with a 

copy of the certification and test results 

retained at the office of the supervisory 

official having the proper authority. 

However, if it is impractical to leave a 

copy of the certification and test results 

at the location of the test, the test results 

must be transmitted to either the 

dispatcher or one other designated 

official who must keep a written record 

of the test results and the name of the 

person performing the test. All records 

prepared under this section are required 

to be retained for 92 days. Finally, 

section 236.590 requires the carrier to 

clean and inspect the pneumatic 

apparatus of automatic train stop, train 

control, or cab signal devices on 

locomotives every 736 days, and to 

stencil, tag, or otherwise mark the 

pneumatic apparatus indicating the last 

cleaning date. 

Reporting Burden: 

CFR section Respondent universe Total annual responses Average time per 

response 

Total annual 

burden hours 

233.5—Reporting of accidents ............................ 754 railroads ................ 10 phone calls .............. 30 minutes ................... 5 

233.7—False proceed signal failures report ....... 754 railroads ................ 100 reports ................... 15 minutes ................... 25 

233.9—Signal System Five Year Report ............ 754 railroads ................ 754 reports ................... 60 minutes ................... 754 

235.5—Block signal applications ......................... 80 railroads .................. 111 applications ........... 10 hours ....................... 1,110 

235.8—Applications for relief ............................... 80 railroads .................. 24 relief requests ......... 2.5 hours ...................... 60 

235.20—Protest letters ........................................ 80 railroads .................. 50 protest letters .......... 30 minutes ................... 25 

236.110—Record keeping ................................... 80 railroads .................. 936,660 forms .............. 27 minutes/ ..................

15 minutes ...................

393,397 

236587—Departure tests ..................................... 18 railroads .................. 730,000 tests ............... 4 minutes ..................... 48,667 

236.590—Pneumatic valves ................................ 18 railroads .................. 6,697 stencilings/tags .. 22.5 minutes ................ 2,511 

Total Estimated Responses: 1,674,406. 

Total Estimated Annual Burden: 

446,554 hours. 

Status: Regular Review. 

Title: U.S. DOT Crossing Inventory 

Form. 

OMB Control Number: 2130–0017. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Businesses. 

Form Number(s): FRA F 6180.71. 

Abstract: Form FRA F 6180.71 is a 

voluntary form, and is used by States 

and railroads to periodically update 

certain site specific highway-rail 

crossing information which is then 

transmitted to FRA for input into the 

National Inventory File. This 

information has been collected on the 

U.S. DOT–AAR Crossing Inventory 

Form (previous designation of this form) 

since 1974 and maintained in the 

National Inventory File database since 

1975. The primary purpose of the 

National Inventory File is to provide for 

the existence of a uniform database 

which can be merged with accidents 

data and used to analyze information for 

planning and implementation of 

crossing safety programs by public, 

private, and governmental agencies 

responsible for highway-rail crossing 

safety. Following the official 

establishment of the National Inventory 

in 1975, the Federal Railroad 

Administration (FRA) assumed the 

principal responsibility as custodian for 

the maintenance and continued 

development of the U.S. DOT/AAR 

National Highway-Rail Crossing 

Inventory Program. The major goal of 

the Program is to provide Federal, State, 

and local governments, as well as the 

railroad industry, information for the 

improvement of safety at highway-rail 

crossings. Good management practices 


emcdonald on DSK29S0YB1PROD with NOTICES
20480 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

1 Volvo Trucks North America and Mack Trucks, 

Inc., are both United States corporations that import 

and manufacture motor vehicles. 

necessitate maintaining the database 

with current information. The data will 

continue to be useful only if maintained 

and updated as inventory changes 

occur. FRA previously cleared the 

reporting and recordkeeping burden for 

this form under Office of Management 

and Budget (OMB) Clearance Number 

2130–0017. OMB approved the burden 

for this form through July 31, 2006. FRA 

is requesting a new three year approval 

from OMB for this information 

collection. 

Respondent Universe: 754 Railroads. 

Frequency of Submission: On 

occasion; monthly. 

Reporting Burden: 

CFR section Respondent universe Total annual responses Average time per 

response 

Total annual 

burden hours 

Crossing Inventory—Forms ................................. 754 railroads ................ 3,820 forms .................. 30 minutes ................... 1,910 

Crossing Inventory—Mass Update Printouts ...... 754 railroads ................ 269 printouts (4,625 updated records).30 minutes ................... 135 

Crossing Inventory—Disc/Tape (non-GX) ........... 754 railroads ................ 650 discs/tapes (95,666 

records updated).

30 minutes ................... 325 

Crossing Inventory—GX 32 Electronic Updates 754 railroads ................ 12,848 records updated 6 minutes ..................... 1,285 

Special Mass Changes ........................................ 754 railroads ................ 36,679 records updated Automatic ..................... 0 

Total Responses: 153,638. 

Estimated Total Annual Burden: 

3,655 hours. 

Status: Regular Review. 

Pursuant to 44 U.S.C. 3507(a) and 5 

CFR 1320.5(b), 1320.8(b)(3)(vi), FRA 

informs all interested parties that it may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

Authority: 44 U.S.C. 3501–3520. 

Dated: Issued in Washington, DC, on 

March 29, 2012. 

Rebecca Pennington, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. 2012–8007 Filed 4–3–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0160; Notice 2] 

Volvo Trucks North America and Mack 

Trucks, Inc., Grant of Petition for 

Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of Petition Grant. 

SUMMARY: North American Trucks 

(NAT) on behalf of Volvo Trucks North 

America (VTN) and Mack Trucks, Inc. 

(MTI) 1 has determined that certain 2008 

through 2010 Volvo VHD model, 2008 

and 2009 Volvo VHL model, 2008 and 

2009 Volvo VNL model, 2008 Volvo VT 

model, and 2008 through 2010 Mack 

CHU, CXU and GU model trucks that 

were built with certain Meritor WABCO 

Vehicle Control Systems (Meritor 

WABCO) ABS Modulator valves fail to 

meet the requirements of paragraph 

S5.3.4.1(a) of Federal Motor Vehicle 

Safety Standard (FMVSS) No. 121, Air 

Brake Systems. VTN and MTI filed 

appropriate reports pursuant to 49 CFR 

Part 573, Defect and Noncompliance 

Responsibility and Reports; the original 

submissions were dated April 30, 2010, 

and corrected versions were dated May 

28, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), VTN and MTI have 

petitioned for an exemption from the 

notification and remedy requirements of 

49 U.S.C. chapter 301 on the basis that 

this noncompliance is inconsequential 

to motor vehicle safety. 

Notice of receipt of VTN and MTI’s 

petitions was published, with a 30-day 

public comment period, on December 8, 

2010, in the Federal Register (75 FR 

76518). One comment was received 

from Meritor WABCO, the equipment 

manufacturer who manufactured the 

component that is the source of the 

subject noncompliance. Subsequent to 

receiving the comment, the NHTSA 

Office of Vehicle Safety Compliance 

(OVSC) requested, and NAT provided, 

information that supplements the data, 

views and arguments included in the 

VTN and MTI petitions. To view the 

petitions, comment and all supporting 

documents log onto the Federal Docket 

Management System Web site at: 

http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2010– 

0160.’’ 

Contact Information: For further 

information on this decision, contact 

Mr. James Jones, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5294, facsimile 

(202) 366–7002. 

Summary OF VTN’s and MTI’s 

Petitions: VTN stated that the affected 

Volvo VNL, VNM, and VHD model 

trucks were manufactured from March 

1, 2007 through December 11, 2009. A 

total of 1,916 affected Volvo trucks were 

manufactured of which 1,763 were sold 

in the U.S. 

MTI stated that the affected Mack 

CHU, CXU and GU model trucks were 

manufactured from March 1, 2007, 

through December 11, 2009. A total 

1,287 affected Mack trucks were 

manufactured of which 1,202 were sold 

in the U.S. 

Only the trucks sold in the United 

States are the subject of their petition. 

VTN and MTI state that the 

noncompliance is that the quick release 

service brake function for brakes 

mounted on the vehicle front steer axle 

may not activate properly during 

FMVSS No. 121 brake pressure release 

certification testing due to an internal 

component variation in certain Meritor 

WABCO ABS modulator valves 

installed on the subject vehicles. As a 

result, certain vehicles may not comply 

with the FMVSS No. 121 brake pressure 

release timing requirement as specified 

in S5.3.4.1(a). However, VTN and MTI 

indicate that they do not believe that 

this issue has any effect on the ABS 

performance of the brake system. 

VTN and MTI also state that they have 

taken steps to correct the 

noncompliance in future production. 

VTN and MTI rely on the test report 

submitted with the petition to support 

their contention that the described 

FMVSS No. 121 noncompliance is 

inconsequential to motor vehicle safety. 

VTN and MTI believe that their 

petitions, to exempt them from 

providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120, should be granted. 


emcdonald on DSK29S0YB1PROD with NOTICES