Federal Registar Vol 76, No. 221 - 60 day notice

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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices

required of all exemptions granted
under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
Issued on: November 9, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–29628 Filed 11–15–11; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2011–001–N–16]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than January 17, 2012.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Ms. Janet
Wylie, Office of Planning and
Administration, RPD–3, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 20,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective

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SUMMARY:

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comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–0548.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6170, or via email to Mr. Wylie at
[email protected], or to Ms. Toone at
[email protected]. Please refer to the
assigned OMB control number in any
correspondence submitted. FRA will
summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Janet Wylie, Office of Planning and
Administration, RPD–3, Federal
Railroad Administration, 1200 New
Jersey Ave, SE., Mail Stop 20,
Washington, DC 20590 (telephone: (202)
493–6353) 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 toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, § 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
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)–(iv); 5 CFR
1320.8(d)(1)(I)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative

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and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
information collection activities that
FRA will submit for clearance by OMB
as required under the PRA:
Title: Railroad Rehabilitation and
Improvement Financing Program.
OMB Control Number: 2130–0548.
Status: Regular Review.
Type of Request: Extension without
change of a previously approved
collection.
Abstract: Title V of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (Act), 45 U.S.C. 821 et seq.,
authorized the Federal Railroad
Administration (FRA) to provide
railroads financial assistance through
the purchase of preference shares, and
the issuance of loan guarantees. Section
7203 of the Transportation Equity Act
for the 21st Century of 1998, Public Law
105–178 (1998) (TEA 21), and
subsequent amendments in the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Public Law 109–59 (2005)
SAFETEA–LU and the Rail Safety
Improvement Act of 2008 (RSIA),
Division A of Public Law 110–432 have
since replaced the previous Title V
financing program. On July 6, 2000,
FRA published a final rule (FR) with
procedures and requirements to cover
applications of financial assistance in
the form of direct loans and loan
guarantees consistent with the changes
made to Title V of the Act by section
7203 of TEA 21. On September 29, 2010,
FRA published a Notice Regarding
Consideration and Processing of
Applications for Financial Assistance
Under the Railroad Rehabilitation and
Improvement Financing (RRIF) Program.
The collection of information is used by
FRA staff to determine the legal and
financial eligibility of applicants for
direct loans regarding eligible projects.
Eligible projects include: (1)
Acquisition, improvement or
rehabilitation of intermodal or rail
equipment or facilities (including
tracks, components of tracks, bridges,
yards, buildings, and shops); (2)
Refinancing outstanding debt incurred
for these purposes; or (3) Development
or establishment of new intermodal or

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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
railroad facilities. The aggregate unpaid
principal amounts of obligations cannot
exceed $35.0 billion at any one time,
and not less than $7.0 billion is to be
available solely for projects benefitting

freight railroads other than Class I
carriers. The Secretary of Transportation
has delegated his authority under the
RRIF Program to the FRA Administrator
in 1 CFR 1.49.

Affected Public: State and local
governments, government sponsored
authorities and corporations, railroads,
and joint ventures that include at least
one railroad.

REPORTING BURDEN
Average time
per response
(hours)

Total annual
burden hours

CFR section

Respondent universe

Total annual responses

260.23—Form and Content of Application ..................

75,635 potential applicants.
650 potential ....................
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............
75,635 potential ...............

18 applications .................

20

360

15 financial documents ....
18 executed app ..............
18 certificates ..................
18 letters ..........................
18 packages ....................
18 statements ..................
1 Impact Statement .........
2 Assessments ................
15 exclusions ...................
5 consultations .................
18 financial records .........

50
.6
.6
.6
1.5
*30
15,552
4,992
176
1
10

750
10.8
10.8
10.8
27
9
15,552
9,984
2,640
5
180

260.25—Additional Information Loan Guarantees ......
260.31—Execution and Filing of Application ..............
Certificates with Original Application ...........................
Transmittal Letters .......................................................
Application Packages ..................................................
260.33—Information Statements .................................
260.35—Environmental Impact Statement .................
Environmental Assessment .........................................
Categorical Exclusions ................................................
Environmental Consultations .......................................
260.41—Inspection
and
Reporting—Financial
Records and Other Documents.
* In minutes.

Total Responses: 164.
Estimated Total Annual Burden:
29,539.4.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on November 9,
2011.
Kimberly Coronel,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. 2011–29605 Filed 11–15–11; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0077]

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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.

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The National Passenger Railroad
Corporation (Amtrak) hereby petitions
FRA for a temporary waiver from 49
CFR part 214, subpart C, seeking relief
from the requirement to provide
Roadway Worker Protection (RWP) for
contractors and contractor employees
(herein referred to as ‘‘workers’’) using
hand tools within the 4-foot fouling
envelope of a track in publicly
accessible areas, specifically passenger
station platforms. The waiver is sought
for the express purpose of performing
manual snow removal with hand tools,
which extend into the tactile warning
area of a passenger platform (if
equipped with a tactile warning strip) or
other warning areas beyond and
including a similarly positioned and
contrasting painted line (if not
equipped), while the worker is behind
the area and in a position of safety. The
tactile warning area is the area beyond
and including a 24-inch wide strip of
truncated domes that is installed along
the full length of the public use areas of
a passenger platform (pursuant to the
Americans with Disabilities Act (ADA)
standards) and that is generally
positioned approximately 24 inches
from the outside of the nearest rail. The
request for relief from the regulation is
limited to platforms outside of the
Northeast Corridor at stations for which
Amtrak is not the operating railroad.
Section 214.7 defines fouling a track
as ‘‘the placement of an individual or an
item of equipment in such proximity to
a track that the individual or equipment
could be struck by a moving train or ontrack equipment or, in any case, is

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within four feet of the field side of the
near running rail.’’ In the case of a
platform, 4 feet from the field side of the
rail generally encompasses the space
between the outside of the nearest rail
and the platform plus the width of a 24inch ADA-required tactile strip.
Currently, workers performing
passenger station snow removal
activities, which breach the tactile (or
painted) warning area with hand tools,
must be provided with on-track safety in
accordance with the RWP rule, while
pedestrians and the riding public may
move throughout the system in the very
same areas without restriction.
Contractor workers performing snow
removal on passenger service
infrastructure not owned by Amtrak are
not qualified to provide on-track safety.
Thus, workers may remove snow from
platform areas behind the tactile (or
paint-delineated) warning area, but
must not remove snow in the area of the
tactile (or paint-delineated) warning
area without first establishing on-track
safety in accordance with the RWP rule.
As a result of this requirement,
hazardous conditions on platforms
remain unaddressed. Amtrak believes
that the proposed ‘‘Alternate
Protection’’ protocol used for specific
snow removal activities will permit
workers to address unsafe platform
conditions from a safe location in a safe
and timely manner without the worker
being struck by a train while occupying
the area of the platform behind the
tactile warning strip or contrasting
painted line.

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