Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2153 

City, Utah 84118; telephone: (801) 963– 

0182; e-mail: Edward.Woolford@dot.gov. 

The FHWA Utah Division Office’s 

normal business hours are 7:45 a.m. to 

4:15 p.m. (Mountain Standard Time). 

You may also contact Mr. Charles Mace, 

Utah Department of Transportation, 166 

West Southwell Street, Ogden, Utah 

84404–4194; telephone: (801) 620–1685. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final agency action subject to 23 U.S.C. 

139(l)(1) by issuing licenses, permits, 

and approvals for the following highway 

project in the State of Utah: 

Layton Interchange on Interstate 15 in 

Davis County, Utah. The project will 

include a new full interchange over 

Interstate 15 at milepost #330; a grade 

separated railroad overpass over the 

Union Pacific Railroad as part of the 

new interchange; a new five lane 

roadway from Fort Lane to Flint Street 

(750 South connection); removing the 

existing partial South Layton 

Interchange; and removing the existing 

at-grade railroad crossing at 900 South. 

The actions by the FHWA, and the laws 

under which such actions were taken, 

are described in the Final 

Environmental Impact Statement (FEIS) 

for the project, approved on September 

24, 2008, in the FHWA Record of 

Decision (ROD) issued on December 24, 

2008, and in other documents in the 

FHWA project files. The FEIS, ROD, and 

other project records are available by 

contacting the FHWA or the Utah 

Department of Transportation at the 

addresses provided above. The FHWA 

FEIS and ROD can be viewed and 

downloaded from the project Web site at 

http://www.udot.utah.gov/ 

laytoninterchange/ or viewed at public 

libraries in the project area. 

This notice applies to all FHWA 

decisions as of the issuance date of this 

notice and all laws under which such 

actions were taken. Laws generally 

applicable to such actions include but 

are not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

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. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(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). 

Issued on: January 5, 2009. 

Bryan Cawley, 

Acting Division Administrator, Salt Lake City. 

[FR Doc. E9–566 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0001–N–1] 

Notice and Request for Comments 

AGENGY: Federal Railroad 

Administration, DOT. 

ACTION: Notice and Request For 

Comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 

ICRs describe the nature of the 

information collections and their 

expected burdens. The Federal Register 

notice with a 60-day comment period 

soliciting comments on the following 

collections of information was 

published on November 3, 2008 (73 FR 

65441). 

DATES: Comments must be submitted on 

or before February 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 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 (telephone: 

(202) 493–6292), or Ms. Nakia Jackson, 

Office of Information Technology, RAD– 

20, Federal Railroad Administration, 

1200 New Jersey Ave., SE., Mail Stop 

35, Washington, DC 20590 (telephone: 

(202) 493–6073). (These telephone 

numbers are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, Section 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 issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On November 3, 

2008, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on ICRs that the agency was seeking 

OMB approval. 73 FR 65441. FRA 

received no comments after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30 day notice is 

published. 44 U.S.C. 3507 (b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 


sroberts on PROD1PC70 with NOTICES
2154 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

Aug. 29, 1995. OMB believes that the 30 

day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summaries below describe the 

nature of the information collection 

requirements (ICRs) and the expected 

burden. The revised requirements are 

being submitted for clearance by OMB 

as required by the PRA. 

Title: Inspection and Maintenance 

Standards For Steam Locomotives. 

OMB Control Number: 2130–0505. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Abstract: The Locomotive Boiler 

Inspection Act (LBIA) of 1911 requires 

each railroad subject to the Act to file 

copies of its rules and instructions for 

the inspection of locomotives. The 

original LBIA was expanded to cover 

the entire steam locomotive and tender 

and all its parts and appurtenances. 

This Act then requires carriers to make 

inspections and to repair defects to 

ensure the safe operation of steam 

locomotives. The collection of 

information is used by tourist or historic 

railroads and by locomotive owners/ 

operators to provide a record for each 

day a steam locomotive is placed in 

service, as well as a record that the 

required steam locomotive inspections 

are completed. Additionally, the 

collection of information is used by FRA 

Federal inspectors to verify that 

necessary safety inspections and tests 

have been completed, and to ensure that 

steam locomotives are indeed ‘‘safe and 

suitable’’ for service and are properly 

operated and maintained. 

Annual Estimated Burden Hours: 314 

hours. 

Title: Identification of Cars Moved in 

Accordance with Order 13528. 

OMB Control Number: 2130–0506. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Abstract: This collection of 

information identifies a freight car being 

moved within the scope of Order 13528 

(now codified under 49 CFR 232.3). 

Otherwise, an exception will be taken, 

and the car will be set out of the train 

and not delivered. The information that 

must be recorded is specified at 49 CFR 

232.3(d)(3), which requires that a car be 

properly identified by a card attached to 

each side of the car and signed stating 

that such movement is being made 

under the authority of the order. 

§ 232.3(d)(3) does not require retaining 

cards or tags. When a car bearing a tag 

for movement under this provision 

arrives at its destination, the tags are 

simply removed. 

Annual Estimated Burden Hours: 67 

hours. 

Title: U.S. Locational Requirement for 

Dispatching U.S. Rail Operations. 

OMB Control Number: 2130–0556. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Abstract: Part 241 requires, in the 

absence of a waiver, that all dispatching 

of railroad operations that occurs in the 

United States be performed in this 

country, with a minor exception. A 

railroad is allowed to conduct 

extraterritorial dispatching from Mexico 

or Canada in emergency situations, but 

only for the duration of the emergency. 

A railroad relying on the exception must 

provide written notification of its action 

to the FRA Regional Administrator of 

each FRA region in which the railroad 

operation occurs; such notification is 

not required before addressing the 

emergency situation. The information 

collected under this rule is used as part 

of FRA’s oversight function to ensure 

that extraterritorial dispatchers comply 

with applicable safety regulations. 

Annual Estimated Burden Hours: 8 

hours. 

Addressee: Send comments regarding 

these information collections to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 Seventeenth Street, NW., 

Washington, DC 20503, Attention: FRA 

Desk Officer. Alternatively, comments 

may be sent via e-mail to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, at the following address: 

oira_submissions@omb.eop.gov. 

Comments are invited on the 

following: Whether the proposed 

collections of information are necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; the accuracy of the 

Department’s estimates of the burden of 

the proposed information collections; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collections of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority : 44 U.S.C. 3501–3520. 

Issued in Washington, DC on January 9, 

2009. 

Kimberly Orben, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. E9–614 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Twin Cities and Western Railroad 

(Docket Number FRA–2008–0154); 

Canadian Pacific Railroad (Docket 

Number FRA–2008–0163); Escanaba 

and Lake Superior Railroad Company 

(Docket Number FRA–2008–0155) 

The Twin Cities and Western Railroad 

(TC&W), Canadian Pacific Railroad (CP), 

and Escanaba and Lake Superior 

Railroad Company (E&LS), seek 

permanent waivers of compliance from 

certain provisions of the Railroad Safety 

Appliance Standards in Title 49 CFR 

Part 231, concerning RailMate® train 

operations over their systems. 

Specifically, TC&W, CP, and E&LS 

request relief from those sections of 49 

CFR Part 231 that stipulate the number, 

location, and dimensions for handholds, 

ladders, sill steps, and uncoupling 

levers, and handbrakes. TC&W, CP and 

E&LS also seek relief from 49 CFR Part 

231.31, which sets the standard height 

for drawbars. 

TC&W, CP, and E&LS state that these 

waivers are necessary to permit them to 

begin operation of RailMate® equipment 

over various routes on their systems. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, 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 FRA, in writing, before 


sroberts on PROD1PC70 with NOTICES