58708 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

of the crew have been briefed that 

operations are suspended. 

(e) Operational testing. (1) The 

railroad’s program of operational tests 

and inspections under 49 CFR Part 217 

shall be revised as necessary to include 

the requirements of this order and shall 

specifically include a minimum number 

of operational tests and inspections, 

subject to adjustment as appropriate. 

(2) When conducting tests and 

inspections under 49 CFR Part 217, a 

railroad officer, manager or supervisor is 

prohibited from calling the personal 

electronic or electrical device or the 

railroad-supplied electronic or electrical 

device used by a locomotive engineer 

while the train to which the locomotive 

engineer is assigned is moving. 

(3) When an operational test involves 

stopping a train, interrupting a 

switching operation, or interrupting an 

activity involving other employees of 

the railroad (e.g., through use of a 

banner, signal, or radio 

communication), the limitations set 

forth in this order regarding use of 

electronic and electrical devices shall 

continue to be in effect even though the 

train movement, switching operation, or 

other activity is temporarily suspended. 

(f) Exceptions. Notwithstanding any 

other provision of this order— 

(1) A railroad operating employee 

may use the digital storage and display 

function of a personal or railroadsupplied electronic device to refer to a 

railroad rule, special instruction, 

timetable or other directive, if such use 

is authorized under a railroad operating 

rule or instruction; 

(2) Railroad operating employees may 

use a personal or railroad-supplied 

wireless communication device as 

necessary to respond to an emergency 

situation involving the operation of the 

railroad or encountered while 

performing a duty for the railroad; 

(3) A locomotive engineer (including 

a remote-control locomotive operator) 

may use electronic control systems and 

informational displays presented to the 

locomotive engineer within the 

locomotive cab or on a remote control 

transmitter to operate a train or conduct 

a switching operation, including 

functions associated with controlling 

switches; 

(4) Under conditions authorized 

under 49 CFR Part 220, a railroad 

operating employee may use a railroadsupplied or railroad-authorized working 

wireless communication device, in lieu 

of the railroad radio, to conduct train or 

switching operations; 

(5) A railroad employee may refer to 

a digital timepiece to ascertain the time 

of day or to verify the accuracy of speed 

indicators. 

(g) Training. Each railroad shall 

instruct each of its railroad operating 

employees and supervisors of railroad 

operating employees concerning the 

requirements of this order and 

implementing railroad rules and 

instructions. Such instruction shall be 

sufficient to ensure that the 

requirements of this order are 

understood, including any relevant 

distinctions between the minimum 

requirements of this rule and any more 

stringent requirements implemented by 

the railroad. 

(h) Sanctions. (1) Any individual who 

willfully violates a prohibition stated in 

this order or uses any of the described 

devices without observing any of the 

restrictions stated in this order is subject 

to civil penalties under 49 U.S.C. 21301. 

(2) In addition, such an individual 

whose violation of this order 

demonstrates the individual’s unfitness 

for safety-sensitive service may be 

removed from safety-sensitive service 

on the railroad under 49 U.S.C. 20111. 

(3) A railroad that violates this order 

may be subject to civil penalties under 

49 U.S.C. 21301. 

(4) FRA may, through the Attorney 

General, also seek injunctive relief to 

enforce this order. 49 U.S.C. 20112. 

Relief 

A railroad may obtain relief from this 

order by adopting other means of 

ensuring that railroad operating 

employees are not distracted from their 

duties by use of electronic or electrical 

devices or by implementing technology 

that will prevent inappropriate acts and 

omissions from resulting in injury to 

persons. Such relief may be obtained by 

petition to the FRA Associate 

Administrator for Safety establishing 

that the alternative means provide 

equivalent safety. 

FRA anticipates that it will utilize the 

existing Railroad Safety Committee 

Operating Practices Working Group in 

the formulation of an amendment to 49 

CFR Part 220 to address 

comprehensively the safety implications 

of the use of electronic devices by 

railroad employees. Until that is 

accomplished, this emergency order is 

necessary to reduce the likelihood of 

additional accidents caused by the 

unsafe use of electronic devices. 

Effective Date and Notice To Affected 

Persons 

On and after October 27, 2008, the 

prohibitions and restrictions described 

above shall be observed by railroads and 

railroad operating employees. Notice of 

this Emergency Order will be provided 

by publishing it in the Federal Register. 

Review 

Opportunity for formal review of this 

emergency order will be provided in 

accordance with 49 U.S.C. 20104(b) and 

section 554 of title 5 of the United States 

Code. Administrative procedures 

governing such review are found at 49 

CFR part 211. See 49 CFR 211.47, 

211.71, 211.73, 211.75, and 211.77. 

Issued in Washington, DC, on October 1, 

2008. 

Joseph H. Boardman, 

Administrator. 

[FR Doc. E8–23755 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Research and Innovative Technology 

Administration 

[Docket: RITA 2008–0002 BTS Paperwork 

Reduction Notice] 

Agency Information Collection; Bureau 

of Transportation Statistics; Activity 

Under OMB Review; Submission of 

Audit Reports—Part 248 

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, the Bureau of 

Transportation Statistics invites the 

general public, industry and other 

governmental parties to comment on the 

continuing need for and usefulness of 

BTS requiring U.S. large certificated air 

carriers to submit two true and complete 

copies of its annual audit that is made 

by an independent public accountant. If 

a carrier does not have an annual audit, 

the carrier must file a statement that no 

audit has been performed. Comments 

are requested concerning whether (1) 

The audit reports are needed by BTS 

and DOT; (2) BTS accurately estimated 

the reporting burden; (3) there are other 

ways to enhance the quality, utility and 

clarity of the information collected; and 

(4) there are ways to minimize reporting 

burden, including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written comments should be 

submitted by December 8, 2008. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

RITA 2008–0002 by any of the following 

methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58709 

Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

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

Friday, except Federal holidays. 

Fax: 202–493–2251. 

Instructions: Identify docket number, 

BTS 2008–0002, at the beginning of 

your comments, and send two copies. 

To receive confirmation that DOT 

received your comments, include a selfaddressed stamped postcard. Internet 

users may access all comments received 

by DOT at http://www.regulations.gov. 

All comments are posted electronically 

without charge or edits, including any 

personal information provided. 

Privacy Act: 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

Electronic Access 

An electronic copy of this rule, a copy 

of the notice of proposed rulemaking, 

and copies of the comments may be 

downloaded at http:// 

www.regulations.gov, by searching 

docket RITA 2008–0002. 

FOR FURTHER INFORMATION CONTACT: 

Bernie Stankus, Office of Airline 

Information, RTS–42, Bureau of 

Transportation Statistics, 1200 New 

Jersey Avenue Street, SE., Washington, 

DC 20590–0001, (202) 366–4387. 

SUPPLEMENTARY INFORMATION: 

OMB Approval No. 2138–0004. 

Title: Submission of Audit Reports— 

Part 248. 

Form No.: None. 

Type Of Review: Extension of a 

currently approved collection. 

Respondents: Large certificated air 

carriers. 

Number of Respondents: 77. 

Number of Responses: 77. 

Total Annual Burden: 20 hours. 

Needs and Uses: BTS collects 

independent audited financial reports 

from U.S. certificated air carriers. 

Carriers not having an annual audit 

must file a statement that no such audit 

has been performed. In lieu of the audit 

report, BTS will accept the annual 

report submitted to the stockholders. 

The audited reports are needed by the 

Department of Transportation as (1) A 

means to monitor an air carrier’s 

continuing fitness to operate, (2) 

reference material used by analysts in 

examining foreign route cases, (3) 

reference material used by analysts in 

examining proposed mergers, 

acquisitions and consolidations, (4) a 

means whereby BTS sends a copy of the 

report to the International Civil Aviation 

Organization (ICAO) in fulfillment of a 

United States treaty obligation, and (5) 

corroboration of a carrier’s Form 41 

filings. 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note), requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to, 

publication of both Respondent’s 

identity and its data, submission of the 

information to agencies outside BTS for 

review, analysis and possible use in 

regulatory and other administrative 

matters. 

Issued in Washington, DC on October 1, 

2008. 

M. Clay Moritz, Jr., 

Acting Assistant Director, Airline 

Information, Bureau of Transportation 

Statistics. 

[FR Doc. E8–23731 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–FE–P 

DEPARTMENT OF TRANSPORTATION 

Research and Innovative Technology 

Administration 

[Docket: RITA 2008–0002 BTS Paperwork 

Reduction Notice] 

Agency Information Collection; Bureau 

of Transportation Statistics; Activity 

Under OMB Review; Reporting 

Required for International Civil 

Aviation Organization (ICAO) 

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, the Bureau of 

Transportation Statistics invites the 

general public, industry and other 

governmental parties to comment on the 

continuing need and usefulness of BTS 

collecting supplemental data for the 

International Civil Aviation 

Organization (ICAO). Comments are 

requested concerning whether (1) the 

supplemental reports are needed by BTS 

to fulfill the United States treaty 

obligation of furnishing financial and 

traffic reports to ICAO; (2) BTS 

accurately estimated the reporting 

burden; (3) there are other ways to 

enhance the quality, utility and clarity 

of the information collected; and (4) 

there are ways to minimize reporting 

burden, including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written comments should be 

submitted by December 8, 2008. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

RITA 2008–0002 by any of the following 

methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

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

Friday, except Federal holidays. 

Fax: 202–493–2251. 

Instructions: Identify docket number, 

BTS 2008–0002, at the beginning of 

your comments, and send two copies. 

To receive confirmation that DOT 

received your comments, include a selfaddressed stamped postcard. Internet 

users may access all comments received 

by DOT at http://www.regulations.gov. 

All comments are posted electronically 

without charge or edits, including any 

personal information provided. 

Privacy Act: 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

mstockstill on PROD1PC66 with NOTICES