18800 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

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), Pub. L. 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 

provide 60 days’ notice to the public for 

comment on information collection 

activities before seeking approval of 

such activities 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 is a brief summary of the 

proposed information collection 

activities that FRA will submit for 

clearance by OMB as required under the 

PRA: 

Title: Track Transportation Time 

Study. 

OMB Control Number: 2130—New. 

Abstract: The Rail Safety 

Improvement Act of 2008 (Pub. L. 110– 

432) calls for a track inspection time 

study to be performed by FRA. The 

information required to develop the 

report will be at least partially obtained 

through a series of information 

gathering surveys which are focused on 

various aspects of track inspection. Each 

survey will be customized for a 

particular segment of the workforce and 

will include track inspectors, track 

supervisors or roadmasters, middle 

management (division engineers), and 

senior management (chief engineers). 

The purpose of the proposed study is 

to address four issues raised in the Rail 

Safety Improvement Act: (1) Determine 

whether the required intervals of track 

inspections for each class of track 

should be amended; (2) Determine 

whether track remedial action 

requirements should be amended; (3) 

Determine whether different track 

inspection and repair priorities or 

methods should be required; and (4) 

Determine whether the speed at which 

railroad track inspection vehicles 

operate and the scope of the territory 

they generally cover allow for proper 

inspection of the track and whether 

such speed and appropriate scope 

should be regulated by the Secretary. 

Form Number(s): N/A. 

Affected Public: Railroad Employees. 

Respondent Universe: 500 

Individuals. 

Frequency of Submission: On 

occasion. 

Reporting Burden: 

RFEI notice Respondent 

universe 

Total annual 

responses 

Average time 

per response 

(hour(s)) 

Total annual 

burden hours 

—Track Inspectors—Focus Groups ........................................ 20 Individuals ......................... 16 20 320 

—Track Inspectors—Standard Survey .................................... 450 Individuals ....................... 350 1 350 

—Track Supervisors (Roadmasters) ....................................... 35 Individuals ......................... 25 1 25 

—RR Middle Management (Div. Engineers) ........................... 10 Individuals ......................... 8 1 8 

—RR Senior Management (Senior Engineers) ....................... 10 Individuals ......................... 8 1 8 

Total Responses: 407. 

Estimated Total Annual Burden: 711 

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. 

Issued in Washington, DC on April 20, 

2009. 

Kimberly Orben, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. E9–9371 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2009–0020] 

Notice of Buy America Waiver Request 

From the Capital Metropolitan 

Transportation Authority of Austin, TX 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Buy America waiver 

request and request for comments. 

SUMMARY: The Capital Metropolitan 

Transportation Authority (Capital 

Metro) of Austin, Texas, has asked the 

Federal Transit Administration (FTA) to 

waive its Buy America requirements to 

permit it to purchase rail car vehicles 

that will be manufactured by Stadler 

Bussnang AG (Stadler) in Switzerland. 

According to Capital Metro, the rail cars 

are not available from a domestic 

source. This Notice sets forth Capital 

Metro’s arguments for a non-availability 

waiver and seeks comment thereon. 

DATES: Comments must be received by 

May 1, 2009. Late-filed comments will 

be considered to the extent practicable. 

ADDRESSES: Please submit your 

comments by one of the following 

means, identifying your submissions by 

docket number FTA–2009–0020. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

www.regulations.gov. Commenters 

should follow the instructions below for 

mailed and hand-delivered comments. 

(1) Web site: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site; 

(2) Fax: (202) 493–2251; 

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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18801 

1BNSF submits that the trackage rights being 

granted here are only temporary rights, but, because 

they are ‘‘local’’ rather than ‘‘overhead’’ rights, they 

do not qualify for the Board’s class exemption for 

temporary trackage rights at 49 CFR 1180.2(d)(8). 

See Railroad Consolidation Procedures, 6 S.T.B. 

910 (2003). Therefore, BNSF concurrently has filed 

a petition for partial revocation of this exemption 

in STB Finance Docket No. 35238 (Sub-No. 1), 

BNSF Railway Company—Temporary Trackage 

Rights Exemption—Union Pacific Railroad 

Company, wherein BNSF requests that the Board 

permit the proposed local trackage rights 

arrangement described in the present proceeding to 

expire at midnight on December 31, 2009, as 

provided in the parties’ agreement. The petition 

will be addressed by the Board in a separate 

decision. 

(3) Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Docket Operations, M–30, 

Room W12–140, Washington, DC 

20590–0001. 

(4) Hand Delivery: Room W12–140 on 

the first floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

make reference to the ‘‘Federal Transit 

Administration’’ and include docket 

number FTA–2009–0020. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http:// 

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 Fed. Reg. 19477), or visit 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayme L. Blakesley at (202) 366–0304 or 

jayme.blakesley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

The purpose of this notice is to seek 

public comment on whether the Federal 

Transit Administration should waive its 

Buy America requirements for six (6) 

rail car vehicles to be manufactured and 

assembled in Switzerland by Stadler 

Bussnang AG (Stadler) for the Capital 

Metropolitan Transportation Authority 

(Capital Metro) of Austin, Texas. 

Because Capital Metro has already 

awarded a contract to Stadler, it has 

asked for a post-award waiver. 

Capital Metro set forth the grounds for 

its request in a letter dated February 19, 

2009, a copy of which will be placed in 

the Docket: (1) Capital Metro acted in 

good faith when in 2006 it planned to 

use local sales tax revenues to fund its 

contract with Stadler; (2) Actual sales 

tax receipts are less than the amount 

estimated in 2006; and (3) Both offers 

submitted to Capital Metro proposed to 

manufacture and assemble the rail cars 

outside of the United States. 

Capital Metro structured the RFP as a 

locally funded procurement without 

including many of the standard Federal 

requirements like Buy America and 

Cargo Preference. Because of a drop in 

sales tax revenues, Capital Metro’s local 

revenue source, the feasibility of 

funding this procurement with local 

funds has been significantly 

diminished. For this reason, Capital 

Metro has decided to utilize Federal 

funds and to seek a Buy America waiver 

for this vehicle procurement. FTA notes 

that Capital Metro did not request, and 

did not receive, the Buy America 

certification forms that are required in 

federally funded procurements. 

With certain exceptions, FTA’s ‘‘Buy 

America’’ requirements prevent FTA 

from obligating an amount that may be 

appropriated to carry out its program for 

a project unless ‘‘the steel, iron, and 

manufactured goods used in the project 

are produced in the United States.’’ 49 

U.S.C. 5323(j)(1). One such exception is 

if ‘‘the steel, iron, and goods produced 

in the United States are not produced in 

a sufficient and reasonably available 

amount or are not of a satisfactory 

quality.’’ 49 U.S.C. 5323(j)(2)(B). 

Section 3023(i)(5)(C) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59) 

gave FTA the statutory authority to 

issue post-award waivers. This authority 

limits post-award waivers to nonavailability waivers only. Consequently, 

the only post-award waivers granted to 

date have been on the basis of nonavailability in cases in which the 

contractor has made a certification of 

compliance with the requirements in 

good faith but, for reasons not foreseen 

at the time of the initial RFP, 

compliance was rendered impossible or 

impracticable. 

‘‘In determining whether the 

conditions exist to grant a post-award 

non-availability waiver, [FTA] will 

consider all appropriate factors on a 

case-by-case basis.’’ 49 CFR 661.7(c)(3). 

Such factors will include ‘‘the status of 

other bidders or offerors who are Buy 

America compliant and can furnish 

domestic material or products on an 

FTA-funded project,’’ 72 Fed. Reg. 

53,691 (Sept. 20, 2007), and ‘‘may 

include project schedule and budget.’’ 

71 Fed. Reg. 69, 415 (Nov. 30, 2006). In 

addition, FTA will look to ‘‘existing 

precedents in public contracting law 

and practice.’’ 71 Fed. Reg. 69,416 (Nov. 

30, 2006). One such precedent is FTA’s 

recent decision to grant a post-award 

non-availability waiver to the Regional 

Transportation Commission of Southern 

Nevada in circumstances similar to 

Capital Metro’s request. 

FTA notes that, unlike with public 

interest waivers, it is not required to 

publish a notice in the Federal Register 

before waiving its Buy America 

requirements on the basis of nonavailability. In this instance, however, 

FTA is proceeding with an abundance 

of caution, given the unique 

circumstances by which a prospective 

FTA grantee issued a request for 

proposals without the inclusion of the 

traditional Buy America clause, 

intending to fully underwrite the 

contract using exclusively local funding. 

Therefore, in order to understand 

completely the facts surrounding 

Capital Metro’s request, FTA seeks 

comment from all interested parties. A 

full copy of Capital Metro’s petition has 

been placed in docket number FTA– 

2009–0020. Please submit comments by 

May 1, 2009. Late-filed comments will 

be considered to the extent practicable. 

Issued this 20th day of April 2009. 

Scott A. Biehl, 

Acting Chief Counsel. 

[FR Doc. E9–9467 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35238] 

BNSF Railway Company—Temporary 

Trackage Rights Exemption—Union 

Pacific Railroad Company 

Pursuant to a written trackage rights 

agreement dated January 20, 2009, 

Union Pacific Railroad Company (UP) 

has agreed to grant temporary local 

trackage rights to BNSF Railway 

Company (BNSF) over UP lines 

extending between: (1) UP milepost 93.2 

at Stockton, CA, on UP’s Oakland 

Subdivision, and UP milepost 219.4 at 

Elsey, CA, on UP’s Canyon Subdivision, 

a distance of approximately 126.2 miles; 

and (2) UP milepost 219.4 at Elsey, CA, 

and UP milepost 280.7 at Keddie, CA, 

on UP’s Canyon Subdivision, a distance 

of 61.3 miles.1

The transaction is scheduled to be 

consummated on or after May 9, 2009, 

the effective date of the exemption (30 

days after the exemption is filed). 

The trackage rights agreement will 

permit BNSF to move empty and loaded 

mstockstill on PROD1PC66 with NOTICES