PTASP 60-Day FRN

16306

Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices

7. Wetlands and Water Resources: Clean
Water Act (Section 404, Section 401, Section
319) [33 U.S.C. 1251–1377]; Coastal Barrier
Resources Act [16 U.S.C. 3501–3510]; Coastal
Zone Management Act [16 U.S.C. 1451–
1465]; 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]; TEA–
21 Wetlands Mitigation [23 U.S.C.
103(b)(6)(M, 133(b)(11)]; Flood Disaster
Protection Act [42 U.S.C. 4001–4128]; E.O.
11990 Protection of Wetlands; E.O. 11988
Floodplain Management.
8. 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)].
(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))
Theodore G. Burch,
Division Administrator, Lansing, Michigan.
[FR Doc. 2022–05993 Filed 3–21–22; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2022–0018]

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Petition for Waiver of Compliance and
Statutory Exemption
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on February 24, 2022, Canadian
Pacific Railway (CP) and Union Pacific
Railroad Company (UP) jointly
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 232 (Brake
System Safety Standards for Freight and
Other Non-Passenger Trains and
Equipment; End-of-Train Devices). CP
and UP also request an exemption from
the requirements of title 49, United
States Code (U.S.C.), section 20303,
which states that a rail vehicle with
defective or insecure equipment may be
moved when necessary to make repairs
to the nearest available place at which
the repairs can be made. See 49 U.S.C.
20306. FRA assigned the petition Docket
Number FRA–2022–0018.

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Specifically, CP and UP request relief
from 49 CFR 232.213, Extended haul
trains; 232.15, Movement of defective
equipment; and 232.103(f), General
requirements for all train brake systems,
and an exemption from the
requirements of 49 U.S.C. 20303, for a
potash unit train pair (CP train symbols
668 and 669), which are designated as
extended haul trains, that operate
between loading facilities in
Saskatchewan, Canada, and the ports of
Portland, Oregon, United States. The
requested relief would allow
technology-based advanced testing (the
Automated Brake Effectiveness (ABE)
Test Process) performed by wheel
temperature detectors as an alternative
approach to manual Class I brake tests
performed by Certified Car Inspectors
(Qualified Mechanical Inspectors). The
tests would take place on westbound CP
symbol 669 trains at the designated
inspection location in Lethbridge,
Alberta, Canada. The petitioners state
that the ABE Test Process is expected to
provide more accurate brake testing,
more proactive identification and repair
of defects, and safer railway operations.
Petitioners also explain that on
December 10, 2021, Transport Canada
granted two exemptions to CP under the
Canadian Railway Safety Act that
permit the use of CP’s Remote Safety
Inspection Process (RSIP) and ABE Test
Process as alternative practices to meet
certain freight car safety and air brake
inspections performed in Canada as
required by Canadian rules. The ABE
Test Process has been in existence in
Canada for over ten years, and FRA has
audited the process as part of its
investigation of test waivers under
Docket Numbers FRA–2016–0018 and
FRA–2018–0049. FRA believes that the
RSIP, by utilizing Certified Car
Inspectors in near real-time oversight of
the process, meets the requirements of
§ 232.213(a)(3), and does not require
relief for this instance. Petitioners state
that the train pair currently receives and
will continue to receive all inspections
in Canada by CP employees prior to
interchanging to the UP, and US
operations would not change.
FRA may grant an exemption from the
requirements of 49 U.S.C. 20303 only on
the basis of (1) evidence developed at a
hearing; or (2) an agreement between
national railroad labor representatives
and the developer of the equipment or
technology at issue. 49 U.S.C. 20306.
FRA notes that the public hearing FRA
previously held to address a similar
request for exemption from UP (Docket
Number FRA–2016–0018) addresses
substantially the same issues as this
current request. Thus, FRA believes a
separate public hearing on the current

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request is unnecessary, and in
considering the joint CP and UP request
in this docket, FRA intends to rely on
the findings of the hearing conducted in
Docket Number FRA–2016–0018.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by May 23,
2022 will be considered by FRA before
final action is taken. Comments received
after that date will be considered if
practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT)
solicits comments from the public to
better inform its processes. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2022–06011 Filed 3–21–22; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2022–0008]

Agency Information Collection Activity
Under OMB Review: Public
Transportation Agency Safety Plan
Federal Transit Administration,
Department of Transportation.
ACTION: Notice of request for comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the

SUMMARY:

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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to approve the extension
of a currently approved information
collection: Public Transportation
Agency Safety Plan.
DATES: Comments must be submitted
before May 23, 2022.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Website: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site. (Note: The U.S.
Department of Transportation’s (DOT’s)
electronic docket is no longer accepting
electronic comments.) All electronic
submissions must be made to the U.S.
Government electronic docket site at
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–366–7951.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except federal
holidays.
Instructions: You must include the
agency name and docket number for this
notice at the beginning of your
comments. Submit two copies of your
comments if you submit them by mail.
For confirmation that FTA has received
your comments, include a selfaddressed stamped postcard. Note that
all comments received, including any
personal information, will be posted
and will be available to internet users,
without change, to www.regulations.gov.
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published April 11, 2000, (65
FR 19477), or you may visit
www.regulations.gov. Docket: For access
to the docket to read background
documents and comments received, go
to www.regulations.gov at any time.
Background documents and comments
received may also be viewed at the U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Docket
Operations, M–30, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.

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FOR FURTHER INFORMATION CONTACT:

Sharece Tyer (202) 366–7205 or email:
[email protected].
SUPPLEMENTARY INFORMATION: Interested
parties are invited to send comments
regarding any aspect of this information
collection, including: (1) The necessity
and utility of the information collection
for the proper performance of the
functions of the FTA; (2) the accuracy
of the estimated burden; (3) ways to
enhance the quality, utility, and clarity
of the collected information; and (4)
ways to minimize the collection burden
without reducing the quality of the
collected information. Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval of this
information collection.
Title: Public Transportation Agency
Safety Plan (OMB Number: 2132–0580).
Background: The Public
Transportation Agency Safety Plan
regulation (49 CFR part 673) establishes
requirements for Agency Safety Plans as
authorized under 49 U.S.C. 5329(d). The
regulation requires States and certain
operators of public transportation
systems that receive Federal financial
assistance under 49 U.S.C. Chapter 53 to
develop Agency Safety Plans based on
the Safety Management Systems (SMS)
approach. The development and
implementation of these plans will help
ensure that public transportation
systems are safe nationwide.
Each Public Transportation Agency
Safety Plan must include, at minimum:
• An approval from the recipient’s
Board of Directors, or an Equivalent
Authority;
• Methods for identifying and
evaluating safety risks throughout all
elements of the recipient’s public
transportation system;
• Strategies to minimize the exposure
of the public, personnel, and property to
hazards and unsafe conditions;
• A process and timeline for
conducting an annual review and
update of the plan;
• Performance targets based on the
safety performance measures
established in FTA’s National Public
Transportation Safety Plan;
• Assignment of an adequately
trained safety officer who reports
directly to the general manager,
president, or equivalent officer; and
• A comprehensive safety training
program for operations personnel and
personnel directly responsible for safety
that includes the completion of a safety
training program and continuing safety
education and training.
• A rail transit agency must include
or incorporate by reference in its

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Agency Safety Plan an emergency
preparedness and response plan or
procedures.
Information collection requirements
associated with this regulation include
information collected by the agency to
support its internal SMS processes and
information collected by recipients to
distribute to FTA.
The information collection conducted
at the agency level to support internal
SMS processes includes the regulatory
requirement to maintain:
• Documents that set forth the
Agency Safety Plan, including those
related to implementing the SMS;
• Results from SMS processes and
activities; and
• Documents included in whole, or
by reference, that describe the programs,
policies, and procedures used to carry
out the Agency Safety Plan.
Transit agencies must maintain this
documentation for a minimum of three
years and must make this
documentation available upon request
to FTA, other Federal entities having
jurisdiction, and the relevant State
Safety Oversight Agency, if applicable.
The information collection exchange
between FTA and its recipients consists
of:
• Annual Certifications and
Assurances. FTA requires operators of
public transportation systems and States
to certify compliance with 49 CFR part
673 through its annual submittal of
Certifications and Assurances to FTA.
• Triennial Review Process. FTA
incorporated questions specific to the
Public Transportation Agency Safety
Plan Rule into FTA’s existing oversight
questionnaire for transit agencies to
evaluate areas of compliance.
• State Management Review Process.
FTA also ensures compliance with this
rule through its existing triennial State
Management Review oversight process.
The information collection will
continue to help guide transit agency
and FTA’s safety program priorities.
Respondents: State and local
government agencies, including transit
agencies.
Estimated Annual Number of
Respondents: 755 respondents.
Estimated Annual Burden Hours per
Respondent: 335 hours.
Estimated Total Annual Burden:
252,855 hours.
Frequency: Annually.
Nadine Pembleton,
Director Office of Management Planning.
[FR Doc. 2022–05950 Filed 3–21–22; 8:45 am]
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