60 day Federal Register Notice

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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.

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(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.

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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
Bureau of Transportation
Statistics (BTS), DOT.
ACTION: Notice.
AGENCY:

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.

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

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

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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)
Bureau of Transportation
Statistics (BTS), DOT.
ACTION: Notice.
AGENCY:

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

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58709

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.

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