60054 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices 

Transportation Equity Act—A Legacy 

for Users (SAFETEA–LU). The 

legislation includes provisions for 

review and dissemination of grant 

monies by the U.S. Secretary of 

Transportation. Grant applications are 

solicited on an annual basis. Eligible 

projects are on State designated byways, 

National Scenic Byways, All-American 

Roads, or Indian tribe scenic byways. 

Applications are completed by Federal, 

State, or local governmental agencies; 

Tribal governments; and non-profit 

organizations. The application 

information is collected electronically 

via the online Grant system and is used 

to determine project eligibility. The 

legislation also includes information 

about the nomination of scenic byways 

to become one of America’s Byways, a 

collection of distinct and diverse roads 

designated by the U.S. Secretary of 

Transportation. America’s Byways 

include the National Scenic Byways and 

All-American Roads. Additional 

information on the National Scenic 

Byways Program, its grant program, and 

the nomination process is available at 

http://www.bywaysonline.org. 

Grants Respondents: In a typical 

grants cycle, it is estimated that 400 

applications will be received. These 

applications will be submitted online 

and reviewed for eligibility through a 

process involving State Byway or Indian 

Tribe Scenic Byway Coordinators and 

FHWA Division Offices before being 

submitted to FHWA Headquarters for 

funding consideration. Respondents 

include: 50 State Departments of 

Transportation, the District of Columbia 

and Puerto Rico (Right-of-Way 

Department), Federal Land Management 

Agencies, State and local governments, 

non-profit agencies, and Tribal 

Governments. 

Frequency: Annual. 

Estimated Average Burden per 

Response: 16 hours. 

Nominations Respondents: Based on 

previous nomination cycles, it is 

estimated that a total of 75 nominations 

will be received, originating from any 

local government, including Indian 

tribal governments, or any private group 

or individual. Nominations may also 

originate from the U.S. Forest Service, 

the National Park Service, the Bureau of 

Land Management, or the Bureau of 

Indian Affairs; but such nominations 

must come through the State Scenic 

Byways Agency, with the State’s 

concurrence. Roads determined to be 

appropriate for nomination by the State, 

an Indian tribe, or a Federal land 

management agency based on its 

intrinsic qualities must first be 

designated as a State scenic byway, an 

Indian tribe scenic byway, or, in the 

case of a road on Federal land, as a 

Federal land management agency 

byway. 

Frequency: Biennial. 

Estimated Average Burden per 

Response: 200 hours. 

Estimated Total Annual Burden 

Hours: 11,400 hours. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

Issued on: October 17, 2007. 

James R. Kabel, 

Chief, Management Programs and Analysis 

Division. 

[FR Doc. E7–20838 Filed 10–22–07; 8:45 am] 

BILLING CODE 4910–22–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. 

Union Pacific Railroad Company 

[Docket Number FRA–2007–28952] 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance from 

certain requirements of 49 CFR Part 232, 

Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment; End-of-Train Devices, 

and Part 215, Railroad Freight Car 

Safety Standards. Specifically, UP seeks 

relief to permit trains received at the 

United States-Mexican border at Eagle 

Pass, TX, from the Ferrocarriles 

Nacionales de Mexico, to move from the 

interchange point without performing 

the regulatory tests and inspections 

specified in Part 215 and section 

232.205(a)(1), at that location. UP 

proposes moving the trains from the 

border at Milepost 32.5 on the Eagle 

Pass Subdivision, to the UP yard at 

Clarks Park, TX, a distance of 4.8 miles, 

where required FRA inspections will be 

performed. UP claims that granting of 

the waiver would expedite train 

movements and avoid blockages of 

crossings in Eagle Pass. 

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 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2007–

28952) and must be submitted in 

triplicate to the Docket Clerk, DOT 

Docket Management Facility, 1200 New 

Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). The 

statement may also be found at http:// 

dms.dot.gov. 

Issued in Washington, DC, on October 17, 

2007. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E7–20831 Filed 10–22–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice: Publication of U.S./EU 

Exchange of Letters and Terrorist 

Finance Tracking Program 

Representations of the United States 

Department of the Treasury 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 


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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices 60055 

SUMMARY: The Treasury Department 

administers the Terrorist Finance 

Tracking Program (TFTP) as a targeted 

tool to help track terrorists and their 

networks. The TFTP utilizes certain 

financial transaction information 

provided by the Society for Worldwide 

Interbank Financial Telecommunication 

(SWIFT), a Belgium-based cooperative, 

under compulsion of administrative 

subpoenas. Discussions among U.S. and 

European authorities on the operation of 

the TFTP in the context of their 

respective counterterrorism efforts and 

data privacy laws culminated on June 

28, 2007, in the ‘‘Terrorist Finance 

Tracking Program Representations of the 

United States Department of the 

Treasury’’ and a related exchange of 

letters between the Treasury Department 

and the EU. Each of these documents is 

included as an appendix to this notice. 

SUPPLEMENTARY INFORMATION: The 

Treasury Department initiated the TFTP 

shortly after the September 11, 2001 

attacks as part of an effort to employ all 

available means to track terrorists and 

their networks. Under the TFTP, the 

Treasury Department’s Office of Foreign 

Assets Control (OFAC) periodically 

issues administrative subpoenas for 

terrorist-related data to the U.S. 

operations center of the Society for 

Worldwide Interbank Financial 

Telecommunication (SWIFT), a 

Belgium-based cooperative that operates 

a worldwide messaging system used to 

transmit financial transaction 

information. These subpoenas require 

SWIFT to provide the Treasury 

Department with specified financial 

transaction records maintained by 

SWIFT’s U.S. operations center in the 

ordinary course of its business. 

After public media disclosure of the 

TFTP in June 2006, concerns were 

raised in the European Union (EU) 

about the TFTP and, in particular, the 

possibility that the Treasury Department 

might have access to EU-originating 

personal data through the SWIFT 

transaction records. Specifically, 

questions were raised on the TFTP’s 

consistency with obligations under the 

Data Protection Directive (Directive 95/ 

46/EC of the European Parliament and 

of the Council of 24 October 1995 on the 

protection of individuals with regard to 

the processing of personal data and on 

the free movement of such data), as well 

as Member State laws implementing 

that Directive. 

Treasury Department officials 

subsequently engaged in a series of 

discussions with, among others, 

European Commission and Member 

State representatives on the operation of 

the TFTP and its conformity with EU 

data privacy laws. That dialogue 

culminated on June 28, 2007, in the 

‘‘Terrorist Finance Tracking Program 

Representations of the United States 

Department of the Treasury’’ and a 

related exchange of letters between the 

Treasury Department and the EU. For 

the convenience of the user, each of the 

documents is being included as an 

appendix to this notice. 

The Representations describe, among 

other things: (1) OFAC’s legal authority 

to obtain and use the SWIFT data; (2) 

the controls and safeguards that govern 

the handling, use, and dissemination of 

the data; (3) the multiple 

complementary layers of independent 

oversight of the TFTP; and (4) the U.S. 

Government’s commitment to ongoing 

counterterrorism cooperation with the 

EU. 

The appended letter from the 

Treasury Department presents the 

Representations to the German Finance 

Minister, whose country then held the 

rotating EU Presidency, and to the Vice 

President of the European Commission 

responsible for Justice, Freedom and 

Security, whose duties encompass 

counterterrorism and privacy matters. 

The European Union’s reply letter 

acknowledges that the Treasury 

Department has the authority to 

subpoena SWIFT data, and also states 

that once SWIFT and the financial 

institutions making use of its services 

have completed the necessary 

arrangements to respect EC law, in 

particular through the provision of 

information that personal data will be 

transferred to the United States and 

SWIFT’s respecting the U.S. Department 

of Commerce’s ‘‘Safe Harbor’’

principles, they will be in compliance 

with their respective legal 

responsibilities under European data 

protection law. In July 2007, SWIFT 

announced that it had improved the 

transparency of its contractual 

documentation relating to the 

processing of financial messaging data 

in the context of data protection 

requirements and that it had joined the 

Safe Harbor program, which establishes 

a framework developed with the 

European Commission on how U.S. 

organizations can provide ‘‘adequate 

protection’’ for personal data from 

Europe. 

(Authority: E.O. 13224, 66 FR 49079, 3 CFR, 

2002 Comp., p. 786) 

Dated: September 26, 2007. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

BILLING CODE 4811–42–P 

Appendix 1—Terrorist Finance 

Tracking Program Representations of 

the U.S. Department of the Treasury 

Appendix 2—Letter from U.S. 

Department of the Treasury Regarding 

the Terrorist Finance Tracking Program 

Appendix 3—Reply from European 

Union to U.S. Department of the 

Treasury Regarding the Terrorist 

Finance Tracking Program 


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60056 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices 

Appendix 1 


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60064 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices 


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Appendix 2 


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60066 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices 

Appendix 3 

[FR Doc. 07–5212 Filed 10–22–07; 8:45 am] 

BILLING CODE 4811–42–C 


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