3784 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Les 

Taylor (816–329–4134), Small Airplane 

Directorate (ACE–111), Federal Aviation 

Administration, 901 Locust St., Kansas 

City, MO 64106; or Brenda Sexton (202– 

267–3644), Office of Rulemaking (ARM– 

200), Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on January 15, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2009–1161. 

Petitioner: Cubcrafters, Inc. 

Section of 14 CFR Affected: 14 CFR 

23.562, Amendments 23–50. 

Description of Relief Sought: This 

exemption, if granted, would allow for 

type certification of the Model CC18– 

181 aircraft with seats that have not 

shown compliance with the emergency 

landing dynamic conditions. 

Cubcrafters proposes the use of static 

tests on the seat and harnesses and to 

equip the aircraft with a four-point 

harness by using a Technical Standards 

Order (TSO). 

[FR Doc. 2010–1106 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–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. 

Adrian and Blissfield Railroad 

[Waiver Petition Docket Number FRA–2009– 

0113] 

The Adrian and Blissfield Railroad 

(ADBF), a Class III railroad located in 

Lenawee County in the State of 

Michigan, seeks a waiver of compliance 

from the requirements of 49 CFR 223.15 

Requirements for existing passenger 

cars. Specifically, ADBF has petitioned 

FRA for a waiver for passenger coach 

ADBF 3370, Columbia River, which was 

built for the Union Pacific Railroad in 

1949. ADBF operates this car in a dinner 

train exclusively on ADBF tracks in a 

rural area at speeds not exceeding 15 

miles per hour on a 16-mile round trip. 

ADBF states that passenger car ADBF 

3370 is equipped with double pane 

safety glass. In the 15 years of operation 

in its present service, neither this car 

nor the two passenger cars it normally 

operates with have suffered any glazing 

breakage due to an accident or act of 

vandalism. The petitioner additionally 

states that preliminary estimates for 

upgrading this car to FRA Type I and II 

glazing are in the range of $20,000 to 

$30,000, which is the approximate value 

of the railcar. 

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–2009– 

0113) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC on January 19, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–1228 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2009–03 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory; 

Identification and Handling of HighwayRail Grade Crossings with Vertical 

Profile Conditions. 

SUMMARY: FRA is issuing Safety 

Advisory 2009–03 to address Safety 

Recommendations H–96–01, H–96–02, 

and H–96–04, issued by the National 

Transportation Safety Board (NTSB) that 

relate to vertical roadway profile 

conditions at highway-rail grade 

crossings. This safety advisory reminds 

States of their responsibility to identify 

and document in the U.S. DOT National 

Highway-Rail Grade Crossing Inventory 

(‘‘DOT Crossing Inventory’’) highwayrail crossings where ‘‘Low Ground 

Clearance’’ signs have been installed. 

This safety advisory also recommends 

that States implement policies and 

procedures to identify public highwayrail grade crossings that do not satisfy 

the standard for vertical profile 

conditions set forth in the American 

Association of State Highway and 

Transportation Officials’ Policy on 

Geometric Design of Highways and 

Streets (‘‘AASHTO Green Book’’) and 

recommends that corrective action be 

taken to bring them into compliance. 

FOR FURTHER INFORMATION CONTACT: Ron 

Ries, Staff Director, Highway-Rail Grade 

Crossing & Trespasser Prevention 

Division, FRA, RRS–23, Mail Stop 25, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: (202) 

493–6299), or Kathryn Shelton, 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3785 

1AASHTO’s Green Book standard for vertical 

profile conditions states that the crossing surface 

should be at the same plane as the top of the rails 

for a distance of two feet outside the rails. 

Additionally, the surface of the highway should not 

be more than three inches higher or lower than the 

top of the nearest rail at a point 30 feet from the 

rail (except where track superelevation makes a 

different level necessary). A copy of AASHTO’s 

Green Book standard for vertical profile conditions 

may be obtained from AASHTO at the following 

address: 444 North Capitol Street, NW., Suite 249, 

Washington, DC 20001. A copy of AASHTO’s Green 

Book standard for vertical profile conditions is also 

available at the Federal Railroad Administration, 

Docket Office, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

Attorney, Office of Chief Counsel, FRA, 

RCC–11, Mail Stop 10, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone: (202) 493–6038). 

SUPPLEMENTARY INFORMATION: 

Background 

In Safety Recommendation H–96–01, 

the NTSB recommended that DOT 

expand its DOT Crossing Inventory to 

include vertical profile information on 

all highway-rail grade crossings in the 

United States. The NTSB advised that 

this additional data, which could be 

obtained in a cost-effective manner by 

simply training the survey teams that 

currently collect State grade crossing 

data to make vertical profile 

measurements, would facilitate the 

identification of existing crossings that 

do not meet the AASHTO Green Book 

standard for vertical profile conditions.1

FRA determined, however, that 

requiring States to take vertical profile 

measurements of each highway-rail 

grade crossing could be very 

burdensome and costly on State 

highway transportation departments 

who would likely bear the brunt of 

additional costs associated with 

required training and/or employment of 

additional personnel. Therefore, FRA 

modified the DOT Crossing Inventory 

Form in March 1999 to include a data 

field that would identify crossings 

equipped with Low Ground Clearance 

signs (W10–5 in the Federal Highway 

Administration’s Manual on Uniform 

Traffic Control Devices). However, 

based on a recent review of DOT 

Crossing Inventory records, it appears 

that States have not been submitting this 

information, even though use of this 

relatively new sign is understood to be 

increasing. 

FRA has been statutorily mandated by 

the Rail Safety Improvement Act of 2008 

(RSIA08) to prescribe regulations that 

would require States and railroads to 

submit current information and periodic 

updates for public, private, and 

pedestrian crossings. Rail Safety 

Improvement Act of 2008, 49 U.S.C. 

20160, 23 U.S.C. 130 (2008). Therefore, 

given the lack of current data on the 

prevalence of crossings with 

substandard vertical profiles, FRA 

intends to address this issue during the 

course of the upcoming rulemaking. In 

addition, FRA is currently funding a 

pilot demonstration project that utilizes 

LIDAR (light detection and ranging) 

mounted on a track inspection vehicle 

to determine if this technology is an 

economical and efficient way to collect 

vertical profile data at crossings. A 

successful project could lead to an 

automated method to collect the data, 

thus reducing the potential burden on 

State highway transportation 

departments who would likely be 

required to provide this information for 

public highway-rail grade crossings. 

In Safety Recommendation H–96–02, 

the NTSB recommended that DOT 

encourage and coordinate efforts 

between the railroad industry and State 

and local highway transportation 

officials to identify crossings with 

substandard vertical profiles and close 

or take appropriate corrective action to 

eliminate them. FRA believes that the 

rulemaking mandated by RSIA08 will 

play an important role in facilitating 

joint efforts by the railroad industry and 

State and local highway officials to 

identify crossings with substandard 

vertical profile conditions and take 

appropriate corrective action to 

eliminate them. As stated above, FRA 

intends to address the absence of 

current data on the prevalence of 

crossings with substandard vertical 

profiles in this upcoming rulemaking. 

In Safety Recommendation H–96–04, 

the NTSB recommended that DOT 

develop procedures and processes that 

will facilitate improved communication 

and coordination between the railroad 

industry and State and local highway 

transportation officials regarding 

crossing maintenance activities so as to 

prevent the creation of crossings with 

substandard vertical profile conditions. 

FRA intends to comply with this Safety 

Recommendation by participating in a 

joint effort with the Federal Highway 

Administration to develop and propose 

guidance for inclusion in the next 

revision of the AASHTO Green Book 

that would require prior communication 

and coordination of any changes in 

highway approach elevation or roadway 

width with appropriate railroad 

personnel. FRA has been informed that 

similar revisions have been proposed by 

the American Railway Engineering and 

Maintenance of Way Association 

(AREMA) for the railroad industry. FRA 

believes that revision of these AASHTO 

and AREMA standards will facilitate 

improved communication and 

coordination between the railroad 

industry and State and local highway 

transportation officials regarding 

crossing maintenance activities, so as to 

reduce and/or eliminate the creation of 

new crossings with substandard vertical 

profile conditions. 

Recommended Action: Based on the 

foregoing discussion and to promote the 

safety of highway-rail grade crossings on 

the Nation’s railroads, FRA recommends 

that each State: 

(1) Identify public highway-rail grade 

crossings where Low Ground Clearance 

signs have been installed and submit 

updated data on these crossings to the 

DOT Crossing Inventory; and 

(2) implement policies and 

procedures to identify public highwayrail grade crossings that do not satisfy 

the AASHTO Green Book standard for 

vertical profile conditions and take 

corrective action to bring them into 

compliance. 

States are encouraged to take action 

consistent with the preceding 

recommendations and to take other 

actions to help ensure the safety of 

highway-rail grade crossings on the 

Nation’s railroads. FRA may modify this 

Safety Advisory 2009–03, issue 

additional safety advisories, or take 

other appropriate action necessary to 

ensure the highest level of safety on the 

Nation’s railroads. 

Issued in Washington, DC, on December 

31, 2009. 

Jo Strang, 

Associate Administrator for Railroad Safety/ 

Chief Safety Officer. 

[FR Doc. 2010–1118 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 


erowe on DSK5CLS3C1PROD with NOTICES