Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 6935 

receive Social Security coverage for 

their members. 

Type of Request: Revision of an OMBapproved information collection. 

Modality of completion Number of 

respondents 

Frequency of 

Response 

Average 

burden per 

response 

(minutes) 

Estimated total 

annual burden 

(hours) 

Average 

theoretical 

hourly cost 

amount 

(dollars) *

Total annual 

opportunity 

cost 

(dollars) **

SSA–177 .................................................. 6 1 10 1 * $19.01 ** $19 

SSA–177–OP1 ......................................... 6 1 10 1 * 19.01 ** 19 

Totals ................................................ 12 ........................ ........................ 2 ........................ ** 38 

*We based this figure by averaging both the average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/ 

2021FactSheet.pdf), and the average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.htm). **This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to 

respondents to complete the application. 

Dated: February 2, 2022. 

Naomi Sipple, 

Reports Clearance Officer, Social Security 

Administration. 

[FR Doc. 2022–02474 Filed 2–4–22; 8:45 am] 

BILLING CODE 4191–02–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36377 (Sub-No. 5)] 

BNSF Railway Company—Trackage 

Rights Exemption—Union Pacific 

Railroad Company 

By petition filed on December 13, 

2021, BNSF Railway Company (BNSF) 

requests that the Board partially revoke 

the trackage rights exemption granted to 

it under 49 CFR 1180.2(d)(7) in Docket 

No. FD 36377 (Sub-No. 4), as necessary 

to permit that trackage rights 

arrangement to expire at midnight on 

December 31, 2022. 

As explained by BNSF in its verified 

notice of exemption in Docket No. FD 

36377 (Sub-No. 4), BNSF and Union 

Pacific Railroad Company (UP) entered 

into an agreement granting BNSF 

restricted, local trackage rights over two 

rail lines owned by UP between: (1) UP 

milepost 93.2 at Stockton, Cal., on UP’s 

Oakland Subdivision, and UP milepost 

219.4 at Elsey, Cal., on UP’s Canyon 

Subdivision, a distance of 126.2 miles; 

and (2) UP milepost 219.4 at Elsey, and 

UP milepost 280.7 at Keddie, Cal., on 

UP’s Canyon Subdivision, a distance of 

61.3 miles (collectively, the Lines). 

BNSF Verified Notice of Exemption 1– 

2, BNSF Ry.—Trackage Rts. 

Exemption—Union Pac. R.R., FD 36377 

(Sub-No. 4). BNSF further stated that the 

trackage rights arrangement is intended 

to permit BNSF to move empty and 

loaded unit ballast trains to and from 

the ballast pit located at Elsey. Id. at 2. 

BNSF filed its verified notice of 

exemption under the Board’s class 

exemption procedures at 49 CFR 

1180.2(d)(7), explaining that, because 

the trackage rights covered by the notice 

in Docket No. FD 36377 (Sub-No. 4) are 

local rather than overhead rights, they 

do not qualify for the Board’s class 

exemption for temporary trackage rights 

under 49 CFR 1180.2(d)(8). BNSF 

Verified Notice of Exemption 1 n.1, 

BNSF Ry.—Trackage Rts. Exemption— 

Union Pac. R.R., FD 36377 (Sub-No. 4). 

In its petition, BNSF asks the Board 

to partially revoke the exemption as 

necessary to permit the trackage rights 

to expire at midnight on December 31, 

2022, pursuant to the parties’ 

agreement. (See BNSF Pet. 1–2); see also 

BNSF Verified Notice of Exemption Ex. 

B at 2, BNSF Ry.—Trackage Rts. 

Exemption—Union Pac. R.R., FD 36377 

(Sub-No. 4). BNSF argues that granting 

this petition will promote the rail 

transportation policy and that the 

revocation would be consistent with the 

limited scope of the transaction and 

would not have an adverse effect on 

shippers. (BNSF Pet. 3.) In addition, 

BNSF asserts that the Board has granted 

similar petitions for partial revocation to 

permit temporary trackage rights to 

expire, including petitions involving 

prior iterations of the trackage rights 

agreement at issue here. (Id.) 

Discussion and Conclusions 

Although BNSF and UP have 

expressly agreed on the duration of the 

proposed trackage rights agreement, 

trackage rights approved under the class 

exemption at 1180.2(d)(7) typically 

remain effective indefinitely, regardless 

of any contract provisions. 

Occasionally, however, the Board has 

partially revoked a trackage rights 

exemption to allow those rights to 

expire after a limited time period rather 

than lasting in perpetuity. See, e.g., 

BNSF Ry.––Trackage Rts. Exemption–– 

Union Pac. R.R., FD 36377 (Sub-No. 3) 

(STB served Feb. 23, 2021) (granting a 

petition to partially revoke a trackage 

rights exemption involving the Lines at 

issue in this case); New Orleans Pub. 

Belt R.R.—Trackage Rts. Exemption—Ill. 

Cent. R.R., FD 36198 (Sub-No. 1) (STB 

served June 20, 2018). 

Granting partial revocation in these 

circumstances to permit the trackage 

rights to expire at the end of 2022 would 

eliminate the need for BNSF to file a 

second pleading seeking discontinuance 

authority when the agreement expires, 

thereby promoting the aspects of the rail 

transportation policy at 49 U.S.C. 

10101(2), (7), and (15). Moreover, 

partially revoking the exemption to 

limit the term of the trackage rights 

would have no adverse impact on 

shippers because the trackage rights at 

issue are solely to allow BNSF to move 

empty and loaded ballast trains to and 

from the ballast pit in Elsey for use in 

BNSF’s maintenance-of-way projects. 

(See BNSF Pet. 2.) Therefore, the Board 

will grant the petition and permit the 

trackage rights exempted in Docket No. 

FD 36377 (Sub-No. 4) to expire at 

midnight on December 31, 2022. 

To provide the statutorily mandated 

protection to any employee adversely 

affected by the discontinuance of 

trackage rights, the Board will impose 

the employee protective conditions set 

forth in Oregon Short Line Railroad— 

Abandonment Portion Goshen Branch 

Between Firth & Ammon, in Bingham & 

Bonneville Counties, Idaho, 360 I.C.C. 

91 (1979). 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

It is ordered: 

1. The petition for partial revocation 

of the trackage rights class exemption is 

granted. 


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6936 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

2. As discussed above, the trackage 

rights in Docket No. FD 36377 (Sub-No. 

4) are permitted to expire at midnight 

on December 31, 2022, subject to the 

employee protective conditions set forth 

in Oregon Short Line. 

3. Notice of this decision will be 

published in the Federal Register. 

4. This decision is effective on March 

9, 2022. Petitions for stay must be filed 

by February 17, 2022. Petitions for 

reconsideration must be filed by 

February 28, 2022. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Aretha Laws-Byrum, 

Clearance Clerk. 

[FR Doc. 2022–02479 Filed 2–4–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 290 (Sub-No. 4)] 

Railroad Cost Recovery Procedures— 

Productivity Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Presentation of the Board’s 

calculation for the change in railroad 

productivity for the 2016–2020 

averaging period. 

SUMMARY: In a decision served on 

February 3, 2022, the Board proposed to 

adopt 1.025 (2.5% per year) as the 

measure of average (geometric mean) 

change in railroad productivity for the 

2016–2020 (five-year) period. The 

Board’s February 3, 2022 decision stated 

that comments may be filed addressing 

any perceived data and computational 

errors in the Board’s calculation. The 

decision also stated that, unless a 

further order is issued postponing the 

effective date, the decision will take 

effect on March 1, 2022. 

DATES: Comments are due by February 

24, 2022. 

ADDRESSES: Comments may be e-filed 

on the Board’s website at www.stb.gov. 

Comments must be served on all parties 

appearing on the service list. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez at (202) 245–0333. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

at www.stb.gov. 

Decided: February 2, 2022. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–02508 Filed 2–4–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding FHWA’s finding 

that it is appropriate to grant a Buy 

America waiver to the Golden Gate 

Bridge, Highway & Transportation 

District (District) for procurement of 

foreign iron and steel components for 

the maintenance traveler system, which 

is needed to allow continued 

inspections and routine maintenance 

operations after the Golden Gate Bridge 

Physical Suicide Deterrent System 

Project (Project) is constructed. The 

non-domestic parts include: (i) Electric 

motors; (ii) speed reducers; (iii) wheel 

chocks; (iv) a chain stopper; (v) rail 

clamps with hydraulic power units; (vi) 

pneumatic brakes; (vii) air compressors; 

(viii) gas cylinder stands; (ix) bearings 

(of various types specified in the 

request); (x) electric cabinet switches 

and handles; (xi) electrical cabinet 

shafts; (xii) grounding shoes; and (xiii) 

scissor lifts. 

DATES: The effective date of the waiver 

is February 8, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Brian Hogge, FHWA Office 

of Infrastructure, 202–366–1562, or via 

email at Brian.Hogge@dot.gov. For legal 

questions, please contact Mr. Patrick C. 

Smith, FHWA Office of the Chief 

Counsel, 202–366–1345, or via email at 

Patrick.C.Smith@dot.gov. Office hours 

for FHWA are from 8:00 a.m. to 4:30 

p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: 

www.FederalRegister.gov and the 

Government Publishing Office’s 

database at: www.GovInfo.gov. 

Background 

FHWA’s Buy America regulation in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not produced in the United States in 

sufficient and reasonably available 

quantities. This notice provides 

information regarding FHWA’s finding 

that it is appropriate to grant the District 

a Buy America waiver for procurement 

of foreign iron and steel components for 

the maintenance traveler system, which 

is needed to allow continued 

inspections and routine maintenance 

operations after the Project is 

constructed. The non-domestic parts 

include: (i) Electric motors; (ii) speed 

reducers; (iii) wheel chocks; (iv) a chain 

stopper; (v) rail clamps with hydraulic 

power units; (vi) pneumatic brakes; (vii) 

air compressors; (viii) gas cylinder 

stands; (ix) bearings (of various types 

specified in the request); (x) electric 

cabinet switches and handles; (xi) 

electrical cabinet shafts; (xii) grounding 

shoes; and (xiii) scissor lifts. 

Background on the Project: On 

average, 30 people die from suicide at 

the Golden Gate Bridge each year. 

Hundreds more are stopped by the 

District, the California Highway Patrol, 

or other intervention. The District 

determined that a physical barrier was 

needed to stop suicides from the bridge. 

The Project, Federal Aid Project No. 

BHLS–6003(051), involves the 

construction of a horizontal stainlesssteel net supported by steel net supports 

for the full length of the bridge, except 

for a tall vertical railing installed in one 

location. The horizontal steel net system 

uses all American steel. The Project also 

includes the replacement of the bridge 

maintenance travelers with new 

travelers because the installation of the 

net will block the movement of the 

existing travelers. In this context, a 

‘‘traveler’’ means a moveable inspection 

and maintenance platform, which 

travels on steel rails and trolley beams 

and is designed to provide access to the 

bridge. A new replacement traveler 

access system is necessary to allow 

continued inspections and routine 

maintenance operations after the 

Suicide Deterrent System is constructed. 

Some of the traveler equipment is not 

available with the required Buy America 

certification because it is not 


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