September 25, 2013, FR Notice (60-Day)

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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices

Transportation (Department) pursuant
to its assigned responsibilities under 23
U.S.C. 327, as well as actions by other
Federal agencies, are final within the
meaning of 23 U.S.C. 139 (l)(1). The
actions relate to a proposed Interstate 5
Bus/Carpool Lanes Project (Post Miles
9.7 to 22.5), south of Elk Grove Blvd. to
United States (US) Highway 50 in
Sacramento County, State of California.
This action grants approval for the
project.
DATES: By this notice, FHWA, on behalf
of the Department, is advising the
public of final actions subject to 23
U.S.C. 139 (l)(1). These actions have
been taken by the Department pursuant
to its assigned responsibilities under 23
U.S.C. 327, as well as by other Federal
agencies. A claim seeking judicial
review of the Federal agency actions on
the highway project will be barred
unless the claim is filed on or before
February 22, 2014. If the Federal law
that authorizes judicial review of a
claim provides a time period of less
than 150 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT:
Kendall Schinke, Senior Environmental
Planner, California Department of
Transportation, 2379 Gateway Oaks Dr.,
Suite 150, Sacramento, CA 95833,
weekdays between 8 a.m. and 4:30 p.m.,
(530) 741–4394,
[email protected].
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the Department and
other Federal agencies have taken final
agency actions by issuing licenses,
permits, and approvals for the following
highway project in the State of
California. The Interstate 5 Bus/Carpool
Lanes Project would improve operations
and safety of Interstate 5 in Sacramento
County, California. This would be
accomplished by adding bus/carpool
lanes in the median the entire length of
the project. The actions by the
Department and other Federal agencies,
and the laws under which such actions
were taken, are described in the
Environmental Assessment (EA)/
Finding of No significant Impact
(FONSI) for the project, approved by the
Department on June 26, 2013. The EA/
FONSI and other project records are
available by contacting the Department
at the address provided above. The EA/
FONSI can be viewed and downloaded
from the project Web site at
www.dot.ca.gov/dist3/Projects/00165/
prjindex.htm or viewed at the
Sacramento County Public Library—
Sacramento Public Library Central
Library 828 I Street, Sacramento, CA
95814. Comments or questions
concerning this proposed action should

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be directed to Caltrans at the address
provided above.
This notice applies to the Department
and other Federal agency decisions as of
the issuance date of this notice and all
laws under which such actions were
taken, including but not limited to the
following Federal environmental
statutes and Executive orders:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and
Scenic Enhancement (Wildflowers) [23
U.S.C. 319].
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536]; Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)]; Migratory
Bird Treaty Act [16 U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–470(ll)]; Archeological
and Historic Preservation Act [16 U.S.C.
469–469(c)]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; American Indian Religious
Freedom Act [42 U.S.C. 1996]; Farmland
Protection Policy Act (FPPA) [7 U.S.C.
4201–4209]; The Uniform Relocation
Assistance and Real Property
Acquisition Act of 1970, as amended.
7. Hazardous Materials:
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9601–9675;
Superfund Amendments and
Reauthorization Act of 1986 (SARA);
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6901–6992(k).
8. Wetlands and Water Resources:
Clean Water Act (Section 404, Section
401, Section 319) [33 U.S.C. 1251–
1377]; Land and Water Conservation
Fund (LWCF) [16 U.S.C. 4601–4604];
Safe Drinking Water Act (SDWA) [42
U.S.C. 300(f)–300(j)(6)]; Rivers and
Harbors Act of 1899 [33 U.S.C. 401–
406]; Wild and Scenic Rivers Act [16
U.S.C. 1271–1287]; Emergency
Wetlands Resources Act, [16 U.S.C.
3921, 3931]; Wetlands Mitigation [23
U.S.C. 103(b)(6)(M) and 133(b)(11)];
Flood Disaster Protection Act, 42 U.S.C.
4001–4128.
9. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898,

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Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13007 Indian Sacred Sites; E.O.
13287 Preserve America; E.O. 13175
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112
Invasive Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Matthew Schmitz,
Director State Programs, Federal Highway
Administration, Sacramento, California.
[FR Doc. 2013–23350 Filed 9–24–13; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2013–0002–N–20]

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 an
extension of the following currently
approved information collection
activities. These information collection
activities received a six-month
emergency approval from OMB on
August 29, 2013. FRA seeks this
extension while it is determining the
proper course of action to take to ensure
that certain unattended trains and
vehicles on mainline track or mainline
siding outside of a yard or terminal,
particularly ones transporting hazardous
materials, are properly secured against
unintended movement. 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.

SUMMARY:

Comments must be received no
later than November 25, 2013.

DATES:

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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices
Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
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
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–0601.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan 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: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
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 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

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ADDRESSES:

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
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 are brief summaries of three
currently approved information
collection activities that FRA will
submit for clearance by OMB as
required under the PRA:
Title: Emergency Order No. 28, Notice
No. 1.
OMB Control Number: 2130–0601.
Abstract: FRA has determined that
public safety compelled the issuance of
Emergency Order No. 28, which
requires railroads operating on the
general system of transportation to

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implement additional processes and
procedures to ensure that unattended
trains and vehicles on mainline track or
sidings are properly secured against
unintended movement. Emergency
Order No. 28 was published in the
Federal Register on August 7, 2013, in
response to the catastrophic accident
that occurred in Lac-Me´gantic, Quebec,
Canada, on July 6, 2013. See 78 FR
48218. Emergency Order No. 28 is
intended to address some of the human
factors failures that may cause
unattended equipment to be improperly
secured in order to protect the general
public and communities near the
general system of rail transportation and
railroad equipment that is used on it
against derailment situations similar to
that which occurred at Lac-Me´gantic.
The collection of information is being
used by FRA to ensure that railroads
and their employees fulfill all the
requirements that are set out in the
Emergency Order. Among other
purposes, FRA will use the information
collected to verify that railroads
develop, adopt, and comply with a plan
that identifies specific locations and
circumstances when a train or vehicle
transporting the type and quantity of
hazardous materials described in
Appendix A of this Emergency Order
shall be left unattended on a mainline
track or mainline siding outside of a
yard or terminal. FRA will also use the
collection of information to confirm that
railroads review and verify and adjust,
as necessary, existing procedures and
processes related to the number of hand
brakes to be set on all unattended trains
and equipment. Railroads must ensure
the means of verifying that the number
is appropriate. FRA will use the
collection of information to enforce
compliance, where necessary.
Form Number(s): N/A.
Affected Public: Businesses.
Frequency of Submission: One-time;
on occasion.
Respondent Universe: 655 railroads;
100,00 Railroad Employees.
Reporting Burden:

Emergency order item No.

Respondent universe

Total annual responses

Average time
per response

(1) RR Plans identifying specific locations and circumstances of trains carrying hazardous materials:
—Revised Plans ...................................................
—Notifications to FRA by RR of Plan Development Prior to Its Operation Pursuant to Plan.
(2)(a)—RR Development of Process for Securing Unattended Trains or Vehicles:
(b)—RR Employees communication to dispatchers of information regarding securement
of train.

655 railroads .....................

491 plans ..........................

40 hours ......

19,640

655 railroads .....................
655 railroads .....................

50 revised plans ...............
50 notifications .................

10 hours ......
30 minutes ..

500
25

655 railroads .....................

491 processes ..................

60 minutes ..

491

100,000 Employees ..........

26,000 exchanges/communications.

5 minutes ....

2,167

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Total annual
burden hours

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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices
Emergency order item No.

Respondent universe

Total annual responses

Average time
per response

(c)—Dispatcher’s Record of Information Exchanged or Communicated.
(d)—Train Dispatcher or Other Qualified Employee Verification and Confirmation of Train
Securement Meeting RR’s Requirements.
(3) RR Review and Revision of Existing Procedures
and Processed Related to the number of Hand
Brakes Set on All Unattended Trains:
(4) RR Revision of Operating Rules and Practices to
Require Job Briefing of Train Securement:
—Daily Job Briefings ............................................
(5) Development of RR Procedure to Ensure a Qualified Employee Inspects All Equipment Visited by
Emergency Responder for Proper Securement Before Train or Vehicle is Left Unattended:
—Inspections of Equipment ..................................
(6) RR Employees Copy of FRA EO 28:

655 railroads .....................

26,000 records .................

2 minutes ....

867

655 railroads .....................

26,000 verifications and
confirmations.

2 minutes ....

867

655 railroads .....................

491 revised procedures
and processes.

6 hours ........

2,946

655 railroads .....................

2 hours ........

982

100,000 RR Employees ...
655 railroads .....................

491 revised operating
rules and practices.
23,400,000 briefings .........
491 Procedures ................

30 seconds ..
60 minutes ..

195,000
491

655 railroads .....................
100,000 RR Employees ...

1,000 inspections .............
100,000 copies .................

4 hours ........
1 minute ......

4,000
1,667

Total Estimated Responses:
23,581,555.
Total Estimated Annual Burden:
229,643 hours.
Status: Regular Review.
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.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2013–23255 Filed 9–24–13; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0017; Notice 2]

Fuji Heavy Industries U.S.A., Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Grant of petition.
AGENCY:

Fuji Heavy Industries U.S.A.,
Inc., on behalf of Subaru of America
(Fuji), has determined that certain 2013
Subaru XV Crosstrek passenger cars
manufactured between May 17, 2012,
and February 7, 2013, do not fully
comply with paragraphs S6.1 and S6.2
of Federal Motor Vehicle Safety
Standard (FMVSS) No. 205, Glazing
Materials. Fuji has filed an appropriate
report dated January 29, 2013, pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.

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SUMMARY:

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For further information on
this decision contact Mr. Luis Figueroa,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5298, facsimile (202) 366–
7002.
SUPPLEMENTARY INFORMATION:
I. Fuji’s Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) and the rule
implementing those provisions at 49
CFR Part 556, Fuji has petitioned for an
exemption from the notification and
remedy requirements of 39 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety. Notice of receipt of
the petition was published, with a 30
day public comment period, on
February 25, 2013 in the Federal
Register (78 FR 12827). No comments
were received. To view the petition, and
all supporting documents log onto the
Federal Docket Management System
(FDMS) Web site at: http://
www.regulations.gov/. The follow the
online search instructions to locate
docket number ‘‘NHTSA–2013–0017.’’
II. Vehicles Involved: Affected are
approximately 23,600 model year 2013
Subaru XV Crosstrek passenger cars
manufactured between May 17, 2012,
and February 7, 2013.
III. Rule Text: Paragraphs S6.1 and
S6.2 of FMVSS No. 205 specifically
states:
ADDRESSES:

S6.1 A prime glazing material
manufacturer must certify, in accordance
with 49 U.S.C. 30115, each piece of glazing
material to which this standard applies that
is designed—
(a) As a component of any specific motor
vehicle or camper; or
(b) To be cut into components for use in
motor vehicles or items of motor vehicle
equipment.
S6.2 A prime glazing manufacturer
certifies its glazing by adding to the marks
required by section 7 of ANSI Z26.1–1996, in

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Total annual
burden hours

letters and numerals of the same size, the
symbol ‘‘DOT’’ and a manufacturer’s code
mark that NHTSA assigns to the
manufacturer.

IV. Summary of FUJI’S Analyses: Fuji
explains that the noncompliance is that,
due to a labeling error, the glazing
markings on the rear window of the
subject vehicles lack the symbol ‘‘DOT’’,
the manufacturer’s code mark (i.e. 44),
and the AS3 code mark and thus do not
conform to the requirements of 49 CFR
571.205 paragraphs S6.1 and S6.2.
Fuji contends that the rear glazing of
the affected vehicles otherwise meets all
marking and performance requirements
of FMVSS No. 205 and ANSI Z26.1 and
NHTSA has previously noted that ‘‘The
stated purposes of FMVSS No. 205 are
to reduce injuries resulting from impact
to glazing surfaces, to ensure a
necessary degree of transparency in
motor vehicle windows for driver
visibility, and to minimize the
possibility of occupants being thrown
through the vehicle windows in
collisions’’ (64 FR 70116). Because the
affected glazing fully meet all of the
applicable performance requirements,
Fuji believes the absence of the ‘‘DOT’’
symbol, the manufacturer’s number (i.e.
‘‘44’’), and the AS3 code mark have no
effect upon the ability of the glazing to
satisfy these stated purposes and thus
perform in the manner intended by
FMVSS No. 205.
Fuji stated that it is not aware of any
crashes, injuries, customer complaints
or field reports associated with this
noncompliance.
Fuji also expressed its belief that
NHTSA has previously granted similar
petitions involving the omission of
FMVSS No. 205 markings.
Fuji has additionally informed
NHTSA that it has corrected the
noncompliances so that all future

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