Notices. Notice
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/register/2007/02/13/07-616A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Phased Implementation of Informal Hearing Process AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice. SUMMARY: The FMCSA is continuing a phased implementation of a new provision related to informal hearings in the 49 CFR part 386 Rules of Practice. On March 17, 2006, this alternative was implemented in States included in the Midwest Service Center geographic area.
Beginning on February 13, 2007 this alternative is being expanded to States included in the Eastern Service Center geographic area. DATES: The first phase began on March 17, 2006. The second phase will begin on February 13, 2007. SUPPLEMENTARY INFORMATION: The Federal Motor Carrier Safety Administration's (FMCSA) final rule revising 49 CFR part 386, “Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings” (Rules of Practice), published on May 18, 2005, (70 FR 28467) became effective on November 14, 2005.
As revised, the Rules of Practice permit a respondent in a civil penalty proceeding to request an informal hearing as an alternative to either a request for a formal hearing or a request to submit written evidence without a hearing. The Rules of Practice, however, do not prescribe specific procedures for conducting informal hearings. As the informal hearing process is a new alternative for motor carriers, FMCSA is implementing this alternative in phases to allow FMCSA time to evaluate and refine how the informal hearing process is conducted.
The informal hearing process was initially implemented on March 17, 2006, (71 FR 13894) in the States served by the Midwest Service Center. FMCSA only considered requests for an informal hearing from respondents with a principal place of business within States included in the FMCSA Midwest Service Center's geographic area. That area encompasses the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio and Wisconsin. The agency intended to expand implementation of the informal hearing process nationwide within a year of the effective date of the Rules of Practice.
However, due to the limited number of requests for informal hearings, the agency has not collected sufficient data to evaluate and refine this new process. Therefore, FMCSA has decided to expand the informal hearing process to States in one additional Service Center to allow for continued evaluation of the process. At this time, FMCSA is expanding use of the informal hearing process to States included in the FMCSA Eastern Service Center geographic area. This area encompasses the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, the District of Columbia and Puerto Rico.
This second phase of implementation begins on February 13, 2007. FMCSA will publish any subsequent notices of implementation in the **Federal Register** . When an informal hearing request is granted, the hearing officer will provide written information to each respondent about the procedures that will govern the hearing. Issued on: February 6, 2007. John H. Hill, Administrator. [FR Doc. E7-2457 Filed 2-12-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No.
FRA-2007-27059, Notice No. 1] Establishment of an Emergency Relief Docket for Calendar Year 2007 AGENCY: Federal Railroad Administration (FRA), DOT. ACTION: Notice of establishment of public docket. SUMMARY: On August 30, 2006, FRA published an Interim Final Rule
(IFR)addressing the establishment of emergency relief dockets
(ERD)and the procedures for handling petitions for emergency waivers of safety regulations. 71 FR 51517. The IFR provided that each year, FRA will establish an ERD for that year and publish a notice in the **Federal Register** identifying the docket number of the ERD for that year. This Notice announces the establishment of FRA's ERD for the current year (calendar year 2007). The designated ERD for calendar year 2007 is docket number FRA-2007-27059. ADDRESSES: See Supplementary Information section for further information regarding submitting petitions and/or comments to Docket No. FRA-2007-27059. SUPPLEMENTARY INFORMATION: On August 30, 2006, FRA published an IFR addressing the establishment of ERD and the procedures for handling petitions for emergency waivers of safety rules, regulations, or standards during an emergency situation or event. 71 FR 51517. As noted in the IFR, FRA's purpose for establishing the ERD and emergency waiver procedures is to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. The IFR added § 211.45 to Subpart C of 49 CFR part 211 (49 CFR 211.45). Section 211.45(b) provides that each calendar year FRA will establish an ERD in the publicly accessible DOT Document Management System
(DMS)and that FRA will publish a notice in the **Federal Register** identifying by docket number the ERD for that year. This Notice No. 1 announces that the designated ERD for calendar year 2007 is docket number FRA-2007-27059. As detailed in the IFR, if the FRA Administrator determines that an emergency event as defined in 49 CFR 211.45(a) has occurred, or that an imminent threat of such an emergency occurring exists, and public safety would benefit from providing the railroad industry with operational relief, the emergency waiver procedures of 49 CFR 211.45 will go into effect. 70 FR 51518. In such an event, the FRA Administrator will issue a statement in the ERD indicating that the emergency waiver procedures are in effect and FRA will make every effort to post the statement on its Web site *http://www.fra.dot.gov/* . In addition, FRA will publish a notice in the **Federal Register** alerting interested parties that the emergency waiver procedures will be utilized. Any party desiring relief from FRA regulatory requirements as a result of the emergency situation should submit a petition for emergency waiver in accordance with 49 CFR 211.45(e) and (f). Specific instructions for filing petitions for emergency waivers in accordance with 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific instructions for filing comments in response to petitions for emergency waivers are found at 49 CFR 211.45(h). Privacy Anyone is able to search 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 (Volume 665, Number 7, Pages 19477-78). The statement may also be found at *http://dms.dot.gov* . Issued in Washington, DC on February 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-2401 Filed 2-12-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)Part 235, and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below. [Docket Number FRA-2006-26718] *Applicant:* CSX Transportation, Incorporated, Mr. C. M. King, Chief Engineer, Communications and Signals, 500 Water Street, SC J-350, Jacksonville, Florida 32202. CSX Transportation, Incorporated, seeks approval of the proposed modification of the traffic control system on the single main track and siding near Woodbury, Georgia, Milepost ANB-798, on the Atlanta Division, Manchester Subdivision. The proposed changes consist of the conversion of each power-operated switch at each end of the 4,638-foot Woodbury siding to electrically locked hand operation and the discontinuance and removal of all the associated controlled signals. The reason given for the proposed changes is that a new 10,000-foot signaled siding is being constructed approximately 4 miles south of the present Woodbury siding. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by docket number FRA-2006-26718 and may be submitted by one of the following methods: Web site: *http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic site; Fax: 202-493-2251; Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW, Nassif Building, Room PL-401, Washington, DC 20590; or Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA prior to final action being taken. Comments received after that date will be considered to the extent practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC, on February 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-2392 Filed 2-12-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Debt Service Reserve Reimbursement Pilot Program AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Amendment of notice establishing Debt Service Reserve Pilot Program to include a class of participant; correction. SUMMARY: The Federal Transit Administration published in the **Federal Register** of December 28, 2006, a notice establishing the Debt Service Reserve Pilot Program as authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act—a Legacy for Users. Inadvertently, an eligible class of participant in the pilot program was omitted. This document corrects that oversight. DATES: Effective on February 13, 2007. FOR FURTHER INFORMATION CONTACT: Paul L. Marx, 202-366-1675; E-MAIL: *paul.marx@dot.gov.* SUPPLEMENTARY INFORMATION: FTA published a notice in the **Federal Register** of December 28, 2006, at 71 FR 78267-78268, to establish a Debt Service Reserve Pilot Program that allows certain public transportation providers to seek reimbursement of their deposits of bond proceeds in a debt service account. This correction extends eligibility to apply under the pilot program to “an entity engaged by such [i.e., eligible Formula Grant Program (Section 5307) recipient] provider to design, build, operate and maintain a project eligible under Section 5307.” This eligibility is important because it provides additional opportunities for supporting public-private partnerships in public transportation. Further, typographical errors in the original notice are corrected. 1. In FR 71 published on December 28, 2006, (71 FR 78267) on page 78267, column 3, SUMMARY , remove “pubic” and insert in its place “public”. 2. On page 78267, column 3, A. Authority, remove “5323(d)(4)” and insert in its place “5323(e)(3)”. 3. On page 78268, column 1, section 1 (C), insert after “(Section 5307)”: “(or an eligible entity engaged by such provider to design, build, operate and maintain a project eligible under Section 5307) * * *” 4. On page 78268, column 1, section 1 (D), remove “blood” and insert in its place “bond”. A complete version of the **Federal Register** notice, revised to incorporate the changes described above, appears on the FTA Web site at *http://www.fta.dot.gov.* Issued on February 7, 2007. James S. Simpson, Administrator. [FR Doc. E7-2410 Filed 2-12-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Research and Innovative Technology Administration [Docket Number: RITA-2007-27185] Notice of Request for Approval To Collect Survey Data To Evaluate Close Call Reporting System for Railroad Operations AGENCY: Volpe National Transportation Systems Center (Volpe Center), Research and Innovative Technology Administration, DOT. ACTION: Notice and request for comments. *OMB Control Number:* New. SUMMARY: This notice announces that the Volpe Center intends to request the Office of Management and Budget
(OMB)to approve a data collection effort to help in the evaluation of a five-year demonstration project focused on improving rail safety by analyzing information on close calls and other unsafe occurrences in the rail industry. The study is conducted by the Office of Human Factors in the Federal Railroad Administration
(FRA)and is designed to identify safety issues and propose corrective actions based on voluntary reports of close calls submitted to the Bureau of Transportation Statistics (BTS). Because of the innovative nature of this program, the FRA is implementing an evaluation to determine whether the program is succeeding, how it can be improved, and what is needed to expand the program throughout the railroad industry. This collection is necessary to obtain the data needed to carry out the evaluation. This notice is required by the Paperwork Reduction Act. *Data Confidentiality Provisions:* The Volpe Center will not release to FRA or any other public or private entity any information that might reveal the identity of individuals or organizations mentioned in the evaluation survey questionnaires. The respondents will not be asked to identify themselves. DATES: Comments must be received by April 16, 2007. ADDRESSES: You can mail or hand-deliver comments to the U.S. Department of Transportation (DOT), Dockets Management System (DMS). You may submit your comments by mail or in person to the Docket Clerk, Docket No. RITA-2007-27185, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 20590-0001. Comments should identify the docket number; paper comments should be submitted in duplicate. The DMS is open for examination and copying, at the above address, from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on Docket RITA-2007-27185.” The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider an alternative method (the Internet, fax, or professional delivery service) to submit comments to the docket and ensure their timely receipt at U.S. DOT. You may fax your comments to the DMS at
(202)493-2251. If you wish to file comments using the Internet, you may use the DOT DMS Web site at *http://dms.dot.gov.* Please follow the online instructions for submitting an electronic comment. You can also review comments on-line at the DMS Web site at *http://dms.dot.gov.* Please note that anyone is able to electronically search all comments received into our docket management system 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 (Volume 65, Number 70; pages 19477-78) or you may review the Privacy Act Statement at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Joyce Ranney, DTS 4G, Room 1-655A, Volpe Center; Kendall Square, 55 Broadway; Cambridge, MA 617-494-2095; FAX NO.
(617)494-3622; e-mail: *ranney@volpe.dot.gov.* SUPPLEMENTARY INFORMATION: I. The Data Collection The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35; as amended) and 5 CFR part 1320 require each Federal agency to obtain OMB approval to initiate an information collection activity. The Volpe Center is seeking OMB approval for the following Volpe Center information collection activity: *Title:* Collect Close Call System Evaluation Survey Questionnaires. *OMB Control Number:* New. *Type of Review:* Approval of data collection. *Respondents:* Employees of selected (pilot) railroad sites. *Number of Respondents:* 1200 (per annum). *Estimated Time per Response:* 0.33 hours. *Frequency:* Once at baseline. (Baseline includes three pilot sites with a total of 1200 respondents.) *Total Annual Burden:* 400 hours. Background In the U.S. railroad industry, injury rates have been declining over the last 25 years. Indeed, the industry incident rate fell from a high of 12.1 incidents per 100 workers per year in 1978 to 3.66 in 1996. As the number of incidents has decreased, the mix of causes has also changed toward a higher proportion of incidents that can be attributed to human and organizational factors. This combination of trends—decrease in overall rates but increasing proportion of human factors-related incidents—has forced safety managers to shift tactics in order to achieve further reductions in the overall injury rate. In recognition of the need for new approaches to improving safety, the FRA has instituted the Confidential Close Call Reporting System (C 3 RS). The operating assumption behind C 3 RS is that by assuring confidentiality, employees will report events, which, if dealt with, will decrease the likelihood of accidents. C 3 RS therefore has both a confidential reporting component, and a problem analysis/solution component. C 3 RS is expected to affect safety in two ways. First, it will lead to problem solving concerning specific safety conditions. Second, it will engender an organizational culture and climate that supports greater awareness of safety and a greater cooperative willingness to improve safety. If C 3 RS works as intended, it could have an important impact on improving safety and safety culture in the railroad industry. While C 3 RS has been developed and implemented with the participation of the FRA, railroad labor, and railroad management, there are legitimate questions about whether it is being implemented in the most powerful way, and whether it will have its intended effect. Further, even if C 3 RS is successful, it will be necessary to know if it is successful enough to implement on a wide scale. To address these important questions, the FRA is implementing a formative evaluation to guide program development, a summative evaluation to assess impact, and a sustainability evaluation to determine how C 3 RS can continue after the test period is over. The evaluation is needed to provide the FRA with guidance as to how it can improve the program, and how it might be scaled up throughout the railroad industry. Program evaluation is an inherently data driven activity. Its basic tenet is that as change is implemented, data can be collected to track the course and consequences of the change. Because of the setting in which C 3 RS is being implemented, that data must come from the railroad employees (labor and management) who may be affected. Critical data include beliefs about safety and issues related to safety, and opinions/observations about the operation of C 3 RS. In order to collect the necessary data in a manner that protects confidentiality, the data collection process will be managed by the Volpe Center. The Volpe Center will not release to FRA or any other public or private entity any information that might reveal the identity of individuals or organizations mentioned in the evaluation survey questionnaires. Also the respondents will not be asked to identify themselves. II. Request for Comments The Volpe Center requests comments on any aspects of these information collections, including:
(1)The accuracy of the estimated burden;
(2)ways to enhance the quality, usefulness, and clarity of the collected information; and
(3)ways to minimize the collection burden without reducing the quality of the information collected, including additional use of automated collection techniques or other forms of information technology. Issued in Cambridge, Massachusetts, on February 6, 2007. Nelson H. Keeler, Director, Office of Aviation Programs. [FR Doc. E7-2448 Filed 2-12-07; 8:45 am] BILLING CODE 4910-HY-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34988] Williams Rail Service, LLC—Acquisition and Operation Exemption—Lines Owned by Duchess Investments V, LLC and G&G/Cherokee Wood Products, Inc. Williams Rail Service, LLC (WRS), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire (by purchase and lease) and to operate two separate track segments, totaling approximately 1,900 feet of track, in Cherokee County, SC, and Union County, NC. After consummation of the transaction, WRS expects to become and remain a Class III rail carrier. Pursuant to an agreement that will be executed before consummation, WRS will acquire:
(1)By lease from Duchess Investments V, LLC, approximately 600 feet of track near the intersection of Orr Road and Wesley Chapel Stouts Road, in Monroe, Union County, NC, which was formerly used to serve an entity called HoltraChem, and connects with a CSX Transportation, Inc. line; and
(2)by purchase from G&G/Cherokee Wood Products, Inc., approximately 1,300 feet of track near the intersection of Tribal Road and I-85 in Blacksburg, Cherokee County, SC, which was formerly used to serve a log home builder, and connects with a Norfolk Southern Railway Company line. WRS anticipates shipping primarily agricultural products off both track segments, and may enter into agreements with contract agents to perform some services solely for the benefit of WRS. WRS certifies that its projected annual revenues as a result of the transaction will not exceed $5 million and will not result in the creation of a Class II or Class I carrier. WRS intends to consummate the transaction and commence operations no sooner than March 1, 2007 (the effective date of the exemption). If the verified notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than February 22, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34988, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: February 5, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-2195 Filed 2-12-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF VETERANS AFFAIRS Genomic Medicine Program Advisory Committee; Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Genomic Medicine Program Advisory Committee will meet on March 16, 2007 in room 230, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC. The meeting will convene at 8 a.m. and adjourn at 5:30 p.m. The meeting is open to the public. The purpose of the Committee is to provide advice and make recommendations to the Secretary of Veterans Affairs on using genetic information to optimize medical care of veterans and to enhance development of tests and treatments for diseases particularly relevant to veterans. The Committee will receive an overview of the VA health care system and electronic medical record, and will be asked to provide insight into optimal ways for VA to incorporate genomic information into its health care program while applying appropriate ethical oversight and protecting the privacy of veterans. Members of the public may provide up to 5-minute statements during the period reserved for public comments. They may also submit, at the time of the meeting, a 1-2 page summary of their comments for inclusion in the official meeting record. Any member of the public seeking additional information should contact Dr. Timothy O'Leary at *timothy.oleary@va.gov.* Dated: February 5, 2007. By direction of the Secretary: E. Philip Riggin, Committee Management Officer. [FR Doc. 07-616 Filed 2-12-07; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
11 references not yet in our index
- 49 CFR 386
- 49 CFR 211
- 49 CFR 211.45
- 49 CFR 211.45(a)
- 49 CFR 211.45(e)
- 49 CFR 211.45(f)
- 49 CFR 211.45(h)
- 49 CFR 236
- 5 CFR 1320
- 49 CFR 1150.31
- Pub. L. 92-463
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Notices
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Cite49 CFR 386
Cite49 CFR 211
Cite49 CFR 211.45
Cite49 CFR 211.45(a)
Cite49 CFR 211.45(e)
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