16306 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

7. Wetlands and Water Resources: Clean 

Water Act (Section 404, Section 401, Section 

319) [33 U.S.C. 1251–1377]; Coastal Barrier 

Resources Act [16 U.S.C. 3501–3510]; Coastal 

Zone Management Act [16 U.S.C. 1451– 

1465]; Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe Drinking 

Water Act (SDWA) [42 U.S.C. 300(f)– 

300(j)(6)]; Rivers and Harbors Act of 1899 [33 

U.S.C. 401–406]; Wild and Scenic Rivers Act 

[16 U.S.C. 1271–1287]; Emergency Wetlands 

Resources Act, [16 U.S.C. 3921, 3931]; TEA– 

21 Wetlands Mitigation [23 U.S.C. 

103(b)(6)(M, 133(b)(11)]; Flood Disaster 

Protection Act [42 U.S.C. 4001–4128]; E.O. 

11990 Protection of Wetlands; E.O. 11988 

Floodplain Management. 

8. Hazardous Materials: Comprehensive 

Environmental Response, Compensation, and 

Liability Act (CERCLA) [42 U.S.C. 9601– 

9675]; Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery Act 

(RCRA) [42 U.S.C. 6901–6992(k)]. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

(Authority: 23 U.S.C. 139 (l)(1)) 

Theodore G. Burch, 

Division Administrator, Lansing, Michigan. 

[FR Doc. 2022–05993 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0018] 

Petition for Waiver of Compliance and 

Statutory Exemption 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on February 24, 2022, Canadian 

Pacific Railway (CP) and Union Pacific 

Railroad Company (UP) jointly 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 232 (Brake 

System Safety Standards for Freight and 

Other Non-Passenger Trains and 

Equipment; End-of-Train Devices). CP 

and UP also request an exemption from 

the requirements of title 49, United 

States Code (U.S.C.), section 20303, 

which states that a rail vehicle with 

defective or insecure equipment may be 

moved when necessary to make repairs 

to the nearest available place at which 

the repairs can be made. See 49 U.S.C. 

20306. FRA assigned the petition Docket 

Number FRA–2022–0018. 

Specifically, CP and UP request relief 

from 49 CFR 232.213, Extended haul 

trains; 232.15, Movement of defective 

equipment; and 232.103(f), General 

requirements for all train brake systems, 

and an exemption from the 

requirements of 49 U.S.C. 20303, for a 

potash unit train pair (CP train symbols 

668 and 669), which are designated as 

extended haul trains, that operate 

between loading facilities in 

Saskatchewan, Canada, and the ports of 

Portland, Oregon, United States. The 

requested relief would allow 

technology-based advanced testing (the 

Automated Brake Effectiveness (ABE) 

Test Process) performed by wheel 

temperature detectors as an alternative 

approach to manual Class I brake tests 

performed by Certified Car Inspectors 

(Qualified Mechanical Inspectors). The 

tests would take place on westbound CP 

symbol 669 trains at the designated 

inspection location in Lethbridge, 

Alberta, Canada. The petitioners state 

that the ABE Test Process is expected to 

provide more accurate brake testing, 

more proactive identification and repair 

of defects, and safer railway operations. 

Petitioners also explain that on 

December 10, 2021, Transport Canada 

granted two exemptions to CP under the 

Canadian Railway Safety Act that 

permit the use of CP’s Remote Safety 

Inspection Process (RSIP) and ABE Test 

Process as alternative practices to meet 

certain freight car safety and air brake 

inspections performed in Canada as 

required by Canadian rules. The ABE 

Test Process has been in existence in 

Canada for over ten years, and FRA has 

audited the process as part of its 

investigation of test waivers under 

Docket Numbers FRA–2016–0018 and 

FRA–2018–0049. FRA believes that the 

RSIP, by utilizing Certified Car 

Inspectors in near real-time oversight of 

the process, meets the requirements of 

§ 232.213(a)(3), and does not require 

relief for this instance. Petitioners state 

that the train pair currently receives and 

will continue to receive all inspections 

in Canada by CP employees prior to 

interchanging to the UP, and US 

operations would not change. 

FRA may grant an exemption from the 

requirements of 49 U.S.C. 20303 only on 

the basis of (1) evidence developed at a 

hearing; or (2) an agreement between 

national railroad labor representatives 

and the developer of the equipment or 

technology at issue. 49 U.S.C. 20306. 

FRA notes that the public hearing FRA 

previously held to address a similar 

request for exemption from UP (Docket 

Number FRA–2016–0018) addresses 

substantially the same issues as this 

current request. Thus, FRA believes a 

separate public hearing on the current 

request is unnecessary, and in 

considering the joint CP and UP request 

in this docket, FRA intends to rely on 

the findings of the hearing conducted in 

Docket Number FRA–2016–0018. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by May 23, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (DOT) 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–06011 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0008] 

Agency Information Collection Activity 

Under OMB Review: Public 

Transportation Agency Safety Plan 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 


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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 16307 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve the extension 

of a currently approved information 

collection: Public Transportation 

Agency Safety Plan. 

DATES: Comments must be submitted 

before May 23, 2022. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Website: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site. (Note: The U.S. 

Department of Transportation’s (DOT’s) 

electronic docket is no longer accepting 

electronic comments.) All electronic 

submissions must be made to the U.S. 

Government electronic docket site at 

www.regulations.gov. Commenters 

should follow the directions below for 

mailed and hand-delivered comments. 

2. Fax: 202–366–7951. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9:00 a.m. and 5:00 p.m., 

Monday through Friday, except federal 

holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to internet users, 

without change, to www.regulations.gov. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published April 11, 2000, (65 

FR 19477), or you may visit 

www.regulations.gov. Docket: For access 

to the docket to read background 

documents and comments received, go 

to www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sharece Tyer (202) 366–7205 or email: 

Sharece.Tyer@dot.gov. 

SUPPLEMENTARY INFORMATION: Interested 

parties are invited to send comments 

regarding any aspect of this information 

collection, including: (1) The necessity 

and utility of the information collection 

for the proper performance of the 

functions of the FTA; (2) the accuracy 

of the estimated burden; (3) ways to 

enhance the quality, utility, and clarity 

of the collected information; and (4) 

ways to minimize the collection burden 

without reducing the quality of the 

collected information. Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval of this 

information collection. 

Title: Public Transportation Agency 

Safety Plan (OMB Number: 2132–0580). 

Background: The Public 

Transportation Agency Safety Plan 

regulation (49 CFR part 673) establishes 

requirements for Agency Safety Plans as 

authorized under 49 U.S.C. 5329(d). The 

regulation requires States and certain 

operators of public transportation 

systems that receive Federal financial 

assistance under 49 U.S.C. Chapter 53 to 

develop Agency Safety Plans based on 

the Safety Management Systems (SMS) 

approach. The development and 

implementation of these plans will help 

ensure that public transportation 

systems are safe nationwide. 

Each Public Transportation Agency 

Safety Plan must include, at minimum: 

• An approval from the recipient’s 

Board of Directors, or an Equivalent 

Authority; 

• Methods for identifying and 

evaluating safety risks throughout all 

elements of the recipient’s public 

transportation system; 

• Strategies to minimize the exposure 

of the public, personnel, and property to 

hazards and unsafe conditions; 

• A process and timeline for 

conducting an annual review and 

update of the plan; 

• Performance targets based on the 

safety performance measures 

established in FTA’s National Public 

Transportation Safety Plan; 

• Assignment of an adequately 

trained safety officer who reports 

directly to the general manager, 

president, or equivalent officer; and 

• A comprehensive safety training 

program for operations personnel and 

personnel directly responsible for safety 

that includes the completion of a safety 

training program and continuing safety 

education and training. 

• A rail transit agency must include 

or incorporate by reference in its 

Agency Safety Plan an emergency 

preparedness and response plan or 

procedures. 

Information collection requirements 

associated with this regulation include 

information collected by the agency to 

support its internal SMS processes and 

information collected by recipients to 

distribute to FTA. 

The information collection conducted 

at the agency level to support internal 

SMS processes includes the regulatory 

requirement to maintain: 

• Documents that set forth the 

Agency Safety Plan, including those 

related to implementing the SMS; 

• Results from SMS processes and 

activities; and 

• Documents included in whole, or 

by reference, that describe the programs, 

policies, and procedures used to carry 

out the Agency Safety Plan. 

Transit agencies must maintain this 

documentation for a minimum of three 

years and must make this 

documentation available upon request 

to FTA, other Federal entities having 

jurisdiction, and the relevant State 

Safety Oversight Agency, if applicable. 

The information collection exchange 

between FTA and its recipients consists 

of: 

• Annual Certifications and 

Assurances. FTA requires operators of 

public transportation systems and States 

to certify compliance with 49 CFR part 

673 through its annual submittal of 

Certifications and Assurances to FTA. 

• Triennial Review Process. FTA 

incorporated questions specific to the 

Public Transportation Agency Safety 

Plan Rule into FTA’s existing oversight 

questionnaire for transit agencies to 

evaluate areas of compliance. 

• State Management Review Process. 

FTA also ensures compliance with this 

rule through its existing triennial State 

Management Review oversight process. 

The information collection will 

continue to help guide transit agency 

and FTA’s safety program priorities. 

Respondents: State and local 

government agencies, including transit 

agencies. 

Estimated Annual Number of 

Respondents: 755 respondents. 

Estimated Annual Burden Hours per 

Respondent: 335 hours. 

Estimated Total Annual Burden: 

252,855 hours. 

Frequency: Annually. 

Nadine Pembleton, 

Director Office of Management Planning. 

[FR Doc. 2022–05950 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–57–P 


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