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
3786 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Disclosure and Reporting of 

CRA–Related Agreements (12 CFR part 

35).’’ 

DATES: Comments must be received by 

March 23, 2010. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Mailstop 2–3, Attention: 

1557–0219, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy the 

comments at the OCC, 250 E Street, 

SW., Washington, DC. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, you should send a copy 

of your comments to: OCC Desk Officer, 

[1557–0219], by mail to U.S. Office of 

Management and Budget, 725 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary H. 

Gottlieb, OCC Clearance Officer, (202) 

874–5090, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: 

The OCC is proposing to extend OMB 

approval of the following information 

collection: 

Title: Disclosure and Reporting of 

CRA–Related Agreements (12 CFR part 

35). 

OMB Control No.: 1557–0219. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation, the 

information collection requirements, or 

the burden estimates. The OCC requests 

only that OMB extend its approval of 

the information collection. 

National banks and their affiliates 

(hereinafter referred to collectively as 

national banks) occasionally enter into 

agreements with nongovernmental 

entities or persons (NGEPs) that are 

related to national banks’ Community 

Reinvestment Act (CRA) 

responsibilities. Section 48 of the 

Federal Deposit Insurance Act (FDI Act) 

requires disclosure of certain of these 

agreements, and imposes reporting 

requirements on national banks and 

other insured depository institutions 

(IDIs), their affiliates, and NGEPs. 12 

U.S.C. 1831y. As mandated by the FDI 

Act, the OCC, the Federal Deposit 

Insurance Corporation, the Federal 

Reserve Board, and the Office of Thrift 

Supervision issued regulations to 

implement these disclosure and 

reporting requirements. The reporting 

provisions of these regulations 

constitute collections of information 

under the Paperwork Reduction Act 

(PRA). The regulation issued by the 

OCC is codified at 12 CFR 35; the 

collections of information contained in 

that regulation are known as ‘‘CRA 

Sunshine.’’ 

Section 48 of the FDI Act applies to 

written agreements that: (1) Are made in 

fulfillment of the CRA, (2) involve funds 

or other resources of an IDI or affiliate 

with an aggregate value of more than 

$10,000 in a year, or loans with an 

aggregate principal value of more than 

$50,000 in a year, and (3) are entered 

into by an IDI or affiliate of an IDI and 

an NGEP. 12 U.S.C. 1831y(e). 

The parties to a covered agreement 

must make the agreement available to 

the public and the appropriate agency. 

The parties also must file a report 

annually with the appropriate agency 

concerning the disbursement, receipt, 

and use of funds or other resources 

under the agreement. The collections of 

information in CRA Sunshine 

implement these statutorily mandated 

disclosure and reporting requirements. 

The parties to the agreement may 

request confidential treatment of 

proprietary and confidential 

information in an agreement or annual 

report. 12 CFR 35.8. 12 U.S.C. 1831y(a)– 

(c). 

The information collections are found 

in 12 CFR 35.4(b); 35.6(b)(1); 35.6(c)(1); 

35.6(d)(1)(i) and (ii); 35.6(d)(2); 35.7(b); 

and 35.7(f)(2)(ii). 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals; 

Businesses or other for-profit. 

Estimated Number of Respondents: 

573. 

Estimated Total Annual Responses: 

1,161. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

1,206. 

Comments submitted in response to 

this notice will be summarized, 

included in the request for OMB 

approval, and become a matter of public 

record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden of the collection 

of information; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

the collection on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and 

(e) Estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: January 15, 2010. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. 2010–1135 Filed 1–21–10; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Unblocking of Specially Designated 

Nationals and Blocked Persons 

Pursuant to Executive Order 12978 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of 

four individuals and one entity whose 

property and interests in property have 

been unblocked pursuant to Executive 

Order 12978 of October 21, 1995, 

Blocking Assets and Prohibiting 

Transactions with Significant Narcotics 

Traffickers. 

DATES: The unblocking and removal 

from the list of Specially Designated 

Nationals and Blocked Persons (‘‘SDN 

List’’) of the four individuals and one 

entity identified in this notice whose 

property and interests in property were 

blocked pursuant to Executive Order 

12978 of October 21, 1995, is effective 

on January 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site (http: 

//www.treas.gov/ofac) or via facsimile 

through a 24-hour fax-on demand 

service, tel.: (202) 622–0077. 


erowe on DSK5CLS3C1PROD with NOTICES