Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 72241 

capture the uncertainties due to weather 

and the inability to perform significant 

mitigation at the launch site on the day 

of launch. 

A. Analysis of the Updated Risk 

Assessment 

The FAA’s original waiver analyzed 

ULA and Lockheed’s proposals using 

the waiver criteria established by our 

statutory and regulatory framework. 

Section 50905(b)(3) allows the FAA to 

waive a license requirement if the 

waiver (1) will not jeopardize public 

health and safety, and safety of 

property; (2) is in the public interest; 

and (3) will not jeopardize national 

security and foreign policy interests of 

the United States. See also 49 CFR 

404.5(b). We reapply those same criteria 

here. 

1. Public Health and Safety, and Safety 

of Property 

The FAA’s initial waiver examined 

ULA and Lockheed’s proposal in 

comparison with the historically 

acceptable launch risk levels at other 

Federal agencies to determine whether 

the mission would fall within those 

parameters. The rationale for our 

approval of ULA and Lockheed’s prior 

waiver requests applies equally to their 

revised risk assessment. Although the 

FAA’s regulations prohibit debris risk in 

excess of 30 × 10¥6, a waiver is 

warranted in this case because the 

United States Government’s experience 

conducting other space missions with 

risk in excess of 100 × 10¥6

demonstrates that the risks of this 

mission are consistent with the public 

health and safety, and the safety of 

property. As we stated in our March 10, 

2014, Notice of Waiver, the United 

States Government has repeatedly 

accepted risk for government launches 

in excess of the FAA’s 30 × 10¥6, 

without negative consequences for 

safety. 79 FR at 13376. The Space 

Shuttle, for example, used a debris risk 

criterion of 200 × 10¥6 for launch risk 

to the public. See NASA’s 

Implementation Plan for Space Shuttle 

Return to Flight and Beyond, Vol. 1 

Final Edition, at 2–39 (May 15, 2007). In 

addition, in 2005, the U.S. Air Force 

accepted risk levels in a government 

launch ranging from 145 to 317 × 10¥6. 

Dept. of the Air Force Memorandum, 

Overflight Risk Exceedance Waiver for 

Titan IV B–30, Mission (Apr. 4, 2005). 

ULA’s updated launch risk of 217 × 

10¥6 is still less than the risk levels 

previously approved for a government 

launch. Accordingly, granting a waiver 

of §§ 417.107(b)(1) and 431.35(b)(1)(i) in 

this case does not jeopardize the public 

health and safety, or the safety of 

property. 

2. Public Interest 

The FAA looks to its enabling statute 

to determine how Congress has defined 

the public interest. The FAA 

implements the agency’s statutory 

mandate to encourage the development 

of commercial space capabilities and the 

continuous improvement of the safety of 

launch vehicles designed to carry 

passengers. 51 U.S.C. 50901(b). 

As with their initial petition, ULA 

and Lockheed’s petition for an amended 

waiver are consistent with the public 

interest because the test flight is 

necessary to the development of 

NASA’s human-missions capability 

beyond Earth orbit. 

D. National Security and Foreign Policy 

Interests 

The FAA has not identified any 

national security or foreign policy 

implications associated with amending 

this waiver. 

Summary and Conclusion 

The FAA determines that amending 

the waivers associated with this mission 

will not jeopardize public health and 

safety or safety of property. In addition, 

amending the waivers is in the public 

interest because it accomplishes the 

goals of Chapter 509 and does not 

unduly increase risk to the public. 

Finally, amending the waivers will not 

jeopardize national security and foreign 

policy interests of the United States. 

The FAA therefore amends its prior 

waivers of the requirements of 14 CFR 

417.107(b)(1) and 431.35(b)(1)(i) for 

launch and mission risk, respectively, to 

allow launch risk of an Ec of 217 × 10¥6

and total mission risk of 218 × 10¥6. 

Issued in Washington, DC, on November 

26, 2014. 

Kenneth Wong, 

Licensing and Evaluation Division Manager. 

[FR Doc. 2014–28614 Filed 12–4–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2014–0011–N–22] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the renewal 

Information Collection Requests (ICR) 

abstracted below are being forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

burden. The Federal Register notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on 

September 5, 2014 (79 FR 56616). 

DATES: Comments must be submitted on 

or before January 5, 2015. 

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 25, 

Washington, DC 20590 (Telephone: 

(202) 493–6292), or Ms. Kimberly 

Toone, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Mail Stop 35, Washington, DC 

20590 (Telephone: (202) 493–6132). 

(These telephone numbers are not tollfree.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, sec. 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 issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On September 5, 

2014, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on ICR that the agency is seeking OMB 

approval. See 79 FR 56616. FRA 

received no comments in response to 

this notice. 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30 day notice is 

published. 44 U.S.C. 3507 (b)-(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 30 

day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
72242 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summary below describes the 

nature of the information collection 

request (ICR) and the expected burden. 

The revised request is being submitted 

for clearance by OMB as required by the 

PRA. 

Title: Identification of Cars Moved in 

Accordance with Order 13528. 

OMB Control Number: 2130–0506. 

Abstract: This collection of 

information identifies a freight car being 

moved within the scope of Order 13528 

(now codified at under 49 CFR 232.3). 

Otherwise, an exception will be taken, 

and the car will be set out of the train 

and not delivered. The information that 

must be recorded is specified at 49 CFR 

232.3(d)(3), which requires that a car be 

properly identified by a card attached to 

each side of the car and signed stating 

that such movement is being made 

under authority of the Order. Section 

232.2(d)(3) does not require retaining 

cards or tags. When a car bearing a tag 

for movement under this provision 

arrives at its destination, the tags are 

simply removed. This requirement/

record comes into play only when a 

railroad finds it necessary to move 

equipment as specified above. FRA 

estimates that approximately 400 cars 

per year are moved under this Order. 

Request: Extension without change of 

a currently approved information 

collection. 

Affected Public: Businesses 

(Railroads). 

Form(s): N/A. 

Annual Estimated Burden: 67 hours. 

Title: U.S. Locational Requirement for 

Dispatching U.S. Rail Operations. 

OMB Control Number: 2130–0556. 

Abstract: Part 241 requires, in the 

absence of a waiver, that all dispatching 

of railroad Operations that occurs in the 

United States be performed in this 

country, with a minor exception. A 

railroad is allowed to conduct 

extraterritorial dispatching from Mexico 

or Canada in emergency situations, but 

only for the duration of the emergency. 

A railroad relying on the exception must 

provide written notification of its action 

to the FRA Regional Administrator of 

each FRA region in which the railroad 

operation occurs; such notification is 

not required before addressing the 

emergency situation. The information 

collected under this rule will be used as 

part of FRA’s oversight function to 

ensure that extraterritorial dispatchers 

comply with applicable safety 

regulations. 

Request: Extension without change of 

a currently approved information 

collection. 

Affected Public: Businesses 

(Railroads). 

Form(s): N/A. 

Annual Estimated Burden: 8 hours. 

Addressee: Send comments regarding 

this information collections to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 725 

Seventeenth Street NW., Washington, 

DC 20503, Attention: FRA Desk Officer. 

Comments may also be sent via email to 

OMB at the following address: oira_

submissions@omb.eop.gov. 

Comments are invited on the 

following: Whether the proposed 

collections of information are necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; the accuracy of the 

Department’s estimates of the burden of 

the proposed information collections; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collections of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC, on December 1, 

2014. 

Rebecca Pennington, 

Chief Financial Officer. 

[FR Doc. 2014–28506 Filed 12–4–14; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2009–0074] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations, this 

document provides the public notice 

that by a document dated October 14, 

2014, the Canadian National Railway 

Company (CN), Brotherhood of 

Locomotive Engineers and Trainmen 

(BLET), and International Association of 

Sheet Metal, Air, Rail and 

Transportation Workers (SMART), have 

jointly petitioned the Federal Railroad 

Administration (FRA) for an extension 

of their waiver of compliance from 

certain provisions of the Federal hours 

of service laws contained at 49 U.S.C. 

21103(a)(4). FRA assigned the petition 

Docket Number FRA–2009–0074. 

In their petition, CN, BLET, and 

SMART seek relief from 49 U.S.C. 

21103(a)(4), which, in part, requires a 

train employee to receive 48 hours off 

duty after initiating an on-duty period 

for 6 consecutive days. Specifically, CN, 

BLET, and SMART seek a waiver to 

allow a train employee to initiate an onduty period, each day, for 6 consecutive 

days followed by 24 hours off duty. In 

support of the request, CN, BLET, and 

SMART explained that CN has operated 

these schedules of 6 consecutive onduty periods followed by 24 hours off 

duty successfully since 2002. CN, BLET, 

and SMART indicate that these 

schedules have not had an adverse 

impact on safety. 

CN provided work schedules for the 

employees covered by the waiver, 

which shows them reporting for work 

within pre-set 4-hour calling spreads 

with a regular rest day. CN also 

provided an analysis of the most current 

12-month period of train-employee onduty human factor-related accidents and 

injuries. CN indicates that its analyses 

revealed that of the 22 human factorrelated accidents involving CN 

employees in the preceding 12 months, 

none involved employees covered under 

the waiver working 6 consecutive days 

followed by 24 hours off duty. Finally, 

CN said that all employees covered by 

the waiver were provided information 

about the waiver extension petition, and 

that there were no objections to the 

waiver extension by these employees. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

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 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. 


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