Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18799 

1Notice of the filing was served on February 27, 

2009, and published in the Federal Register on the 

same day at 74 FR 9019. WSOR concurrently filed 

a motion for protective order, which was granted by 

decision served on March 20, 2009. 

that the construction authorized by the 

permit has begun. 

If, after a permit has expired, a 

permittee continues to believe that the 

project should be built, the Department 

would welcome the submission of a 

revised Presidential permit application 

that demonstrats current local support, 

shows that the project is financially 

feasible, and explains based on updated 

traffic and other studies why the project 

continues to be in the U.S. national 

interest. This new application would 

generally need to be accompanied by 

updated environmental review 

documents, in keeping with the Council 

on Environmental Quality’s guidance 

that environmental documents more 

than five years old are considered out of 

date. 

In December 2008, the Department 

issued to the General Services 

Administration a Presidential permit 

containing an expiration clause for the 

new border crossing to be built at Otay 

Mesa East, near San Diego, California. 

Dated: April 17, 2009. 

Alex Lee, 

Director, Office of Mexican Affairs, 

Department of State. 

[FR Doc. E9–9352 Filed 4–23–09; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35144] 

Wisconsin & Southern Railroad 

Company—Acquisition and Operation 

Exemption—Union Pacific Railroad 

Company 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of exemption. 

SUMMARY: Under 49 U.S.C. 10502, the 

Board is granting a petition for 

exemption from the prior approval 

requirements of 49 U.S.C. 10902 for the 

Wisconsin & Southern Railroad 

Company (WSOR), a Class II rail carrier, 

to acquire and operate a permanent 

exclusive freight rail operating easement 

over approximately 10.95 miles of 

railroad known as the Kohler Industrial 

Lead that is currently owned by Union 

Pacific Railroad Company (UP) and to 

acquire and operate approximately 

1,000 feet of UP spur track, subject to 

labor protective conditions. The 

easement extends from a connection 

with WSOR’s north-south Kiel-toSaukville line at milepost 14.95 at 

Plymouth, WI, to milepost 4.0 near 

Kohler, WI. The UP spur track 

constitutes the lead to the site of the 

former Cargill Malt Plant at Kohler. This 

transaction is related to a concurrently 

filed verified notice of exemption in 

Wisconsin & Southern Railroad Co.— 

Trackage Rights Exemption—Union 

Pacific Railroad Company, STB Finance 

Docket No. 35191. In that proceeding, 

WSOR seeks to acquire from UP and 

operate 2.8 miles of overhead trackage 

rights over a line of railroad extending 

between UP milepost 4.0 in Kohler and 

UP milepost 1.2 at Kohler Junction near 

Sheboygan, WI.1 This transaction is also 

related to a concurrently filed petition 

for declaratory order filed in Wisconsin 

Department of Transportation—Petition 

for Declaratory Order—Rail Line in 

Sheboygan County, WI, STB Finance 

Docket No. 35195. In that proceeding, 

the Wisconsin Department of 

Transportation seeks a finding that its 

acquisition of the right-of-way and 

railroad assets of the 10.95-mile rail line 

will not render it a rail common carrier. 

WSOR has requested expedited action 

in this proceeding. 

DATES: This exemption will be effective 

on May 8, 2009. Petitions to stay must 

be filed by May 4, 2009. Petitions for 

reconsideration must be filed by May 

14, 2009. 

ADDRESSES: An original and 10 copies of 

all pleadings, referring to STB Finance 

Docket No. 35144, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on WSOR’s 

representative: John D. Heffner, John D. 

Heffner, PLLC, 1750 K Street, NW., 

Suite 200, Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Joseph H. Dettmar, (202) 245–0395. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339]. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision. Board decisions 

and notices are available on our Web 

site at http://www.stb.dot.gov. 

Decided: April 20, 2009. 

By the Board, Chairman Mulvey, and Vice 

Chairman Nottingham. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–9449 Filed 4–23–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2009–0001–N–9] 

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 

approval of the following 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 23, 2009. 

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. Nakia 

Jackson, 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—New.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via e-mail to 

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

to Ms. Jackson at 

nakia.jackson@dot.gov. Please refer to 

the assigned OMB control number and 

the title of the information collection 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. Nakia Jackson, Office 

of Information Technology, RAD–20, 

Federal Railroad Administration, 1200 

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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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