60-Day Federal Register Notice

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Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Notices

of Safety Advisory 2001–01)].’’ Both
CSX Rule R8 and FRA guidelines were
intended to address the lack of
situational awareness that a person may
experience when ‘‘multitasking’’—in
this case, focusing on a moving train
while at the same time operating or
riding in a moving vehicle.
Although Federal regulations do not
currently prohibit shoving movements
conducted in the manner described by
the preliminary findings of this
accident, FRA is contemplating the
regulation of shoving movements as
addressed in a recently published FRA
notice of proposed rulemaking (NPRM),
‘‘Railroad Operating Rules: Program of
Operational Tests and Inspections;
Railroad Operating Practices: Handling
Equipment, Switches and Derails [71 FR
60372, 60410 (October 12, 2006)].’’ In
the NPRM, FRA stated that it proposes:

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A requirement that the employee providing
point protection visually determine, for the
duration of the shoving or pushing
movement, that the track is clear within the
range of vision for the complete distance to
be shoved or pushed. Shoving accidents
often occur because a train crew makes a
shoving movement without determining that
the track is clear in the direction of
movement. This proposed paragraph would
address this problem by requiring an
operating rule that keeps a qualified
employee observing the track to make sure it
is clear and remains clear [71 FR 60393].

In this instance, the RCO apparently
made an initial determination that the
track was clear, but was not in a
position to determine that the track
would remain clear of conflicting
mechanical department vehicles. (See
71 FR at 60409 defining ‘‘track is
clear.’’) Although FRA has proposed
requirements for shoving movements, it
has not made any decisions as to the
contents of a final rule in that
proceeding, and thus the proposal is not
now, and may not in the future become,
a regulatory requirement. Railroads,
however, are encouraged to consider
FRA’s proposed rule and this incident
as they review their operating rules.
The investigation of this accident also
raised questions regarding the visibility
of the rail car leading the shoving
movement. As stated earlier, the lead
car was a low-profile, empty flat car
followed by five more empty flat cars.
The first freight car of significant height
was the seventh car from the lead, a box
car. It is possible that the carman did
not see the low-profile cars in the
darkness. Although FRA does have
regulations pertaining to reflectorization
of freight cars, there are no Federal rules
regarding illumination within rail yards,
at yard crossings, or on the leading
point of a movement.

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The following CSX rules may apply to
this accident:
CSX Safe Way, Effective January 1, 2006 at
GS–10. On or About Tracks; When working
on or about tracks: * * * Be alert for and
keep clear of the movement of cars,
locomotives, or equipment at any time, in
either direction, on any track. * * * Stop
and look in both directions before making
any of the following movements: Fouling or
crossing a track.
SJP C–177 (Rev 3/99) Safe Procedure for
Backing Vehicle Driver Only:
Step 4. Always look behind you before
backing. If you are not sure get out and look
again.
Step 5. Avoid backing when possible, pull
thru if you can, or make a circle wide
enough.
Operating rule 103: When cars are shoved
and conditions require, a trainman must take
a conspicuous position on the leading car. At
night, the trainman must display a white
light.

Recommended Action
In light of the above discussion and in
an effort to maintain safety in the
Nation’s rail yards, FRA recommends
that railroads:
(1) Assess their current rules
addressing safety at yard crossings,
including rules governing shoving and
pushing movements and backing motor
vehicles;
(2) Review, or amend as necessary,
their point protection rules to clarify
that the person protecting the point
visually determine, for the duration of
the shoving or pushing movement, that
the track is clear either within the
person’s range of vision or for the
complete distance the equipment is to
be shoved or pushed, or that other
safeguards are observed to prevent
critical incidents involving shoving
movements. FRA notes that continuous
observation cannot be accomplished if
the person is also attempting to
accomplish other tasks that cause the
person to divert attention from
providing point protection;
(3) Review their point protection rules
and their importance with all relevant
employees;
(4) Review their current rules
pertaining to employee behavior on or
about tracks with particular emphasis in
yards with all relevant employees;
(5) Address the ability of employees
to call for assistance in emergency
situations through the use of common
emergency radio frequencies, or by
other means; and
(6) Assess the conspicuity of flat cars
and other equipment with low profiles
and consider measures available to
increase their visibility when they are
the lead car in a shoving movement,
especially at yard crossings.

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Failure of industry members to take
action consistent with the preceding
recommendations or to take other
actions to ensure yard safety may result
in FRA pursuing other corrective
measures under its rail safety authority.
FRA may modify this Safety Advisory
2007–01, issue additional safety
advisories, or take other appropriate
action necessary to ensure the highest
level of safety on the Nation’s railroads.
Issued in Washington, DC, on January 11,
2007.
Joseph H. Boardman,
Administrator.
[FR Doc. E7–594 Filed 1–17–07; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2007–26848]

Information Collection Available for
Public Comments and
Recommendations
Notice and request for
comments.

ACTION:

SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Maritime
Administration’s (MARAD’s) intention
to request approval for three years of a
new information collection.
DATES: Comments should be submitted
on or before March 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Richard Walker, Maritime
Administration, MAR–810, 400 Seventh
St., SW.,Washington, DC 20590.
Telephone: 202–366–8888, Fax: 202–
366–6988; or E-Mail:
Richard.walker@dot.gov. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION:
Title of Collection: Marine Port and
Terminal Infrastructure Data.
Type of Request: New Collection.
OMB Control Number: 2133-New.
Form Numbers: Marine Terminal
Operator Survey (Unnumbered), Marine
Port Survey (Unnumbered), and Marine
Terminal Company Survey
(Unnumbered).
Expiration Date of Approval: Three
years from date of approval by the
Office of Management and Budget.
Summary of Collection Information:
The Port and Terminal Infrastructure
Data Collection Survey will provide
MARAD with key U.S. marine terminal
data to enable the agency to provide
timely information to determine the
present level of system performance and
future requirements.

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Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Notices
Need and Use of the Information:
This biennial survey will assist MARAD
in determining the number and type of
facilities available for moving cargo.
Emphasis will be on throughput
capacity and the adequacy of the
number and type of terminals available
to move cargo efficiently through the
U.S. global freight transportation
system. The survey will also provide an
overview of ownership of marine
terminals in the United States.
Description of Respondents: U.S. port
authorities, marine terminal operators
and owners of marine terminal
companies.
Annual Responses: 581.
Annual Burden: 872 hours.
Comments: Comments should refer to
the docket number that appears at the
top of this document. Written comments
may be submitted to the Docket Clerk,
U.S. DOT Dockets, Room PL–401, 400
Seventh Street, SW., Washington, DC
20590. Comments may also be
submitted by electronic means via the
Internet at http://dms.dot.gov/submit.
Specifically address whether this
information collection is necessary for
proper performance of the functions of
the agency and will have practical
utility, accuracy of the burden
estimates, ways to minimize this
burden, and ways to enhance the
quality, utility, and clarity of the
information to be collected. All
comments received will be available for
examination at the above address
between 10 a.m. and 5 p.m. EDT (or
EST), Monday through Friday, except
Federal Holidays. An electronic version
of this document is available on the
World Wide Web at http://dms.dot.gov.
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 (Volume
65, Number 70; Pages 19477–78) or you
may visit http://www.dms.dot.gov.

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(Authority: 49 CFR 1.66)
Dated: January 11, 2007.
By Order of the Maritime Administrator.
Daron T. Threet,
Secretary, Maritime Administration.
[FR Doc. E7–595 Filed 1–17–07; 8:45 am]
BILLING CODE 4910–81–P

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DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
January 11, 2006.

The Department of Treasury has
submitted the following public
information collection requirement(s) to
OMB for review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Copies of the
submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
Dates: Written comments should be
received on or before February 20, 2007
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–1700.
Type of Review: Extension.
Title: Qualified Subchapter S
Subsidiary Election.
Form: 8869.
Description: Effective for tax years
beginning after December 31, 1996,
Internal Revenue Code section
1361(b)(3) allows an S corporation to
own a corporate subsidiary, but only if
it is wholly owned. To do so, the parent
S corporation must elect to treat the
wholly owned subsidiary as a qualified
subchapter S subsidiary (QSub). Form
8869 is used to make this election.
Respondents: Businesses and other
for-profit institutions.
Estimated Total Burden Hours: 40,750
hours.
OMB Number: 1545–0016.
Type of Review: Revision.
Title: United States Additional Estate
Tax Return.
Form: 706–A.
Description: Form 706–A is used by
individuals to compute and pay the
additional estate taxes due under Code
section 2032A(c). IRS uses the
information to determine that the taxes
have been properly computed. The form
is also used for the basis election of
section 1016(c)(1).
Respondents: Individuals or
Households.
Estimated Total Burden Hours: 1,433
hours.
OMB Number: 1545–1732.
Title: REG–105946–00 (Final) MidContract Change in Taxpayer.
Type of Review: Extension.
Description: The information is
needed by taxpayers who assume the

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obligation to account for the income
from long-term contracts as the result of
certain nontaxable transactions.
Respondents: Businesses and other
for-profit institutions.
Estimated Total Burden Hours: 10,000
hours.
OMB Number: 1545–0236.
Title: Occupational Tax and
Registration Return for Wagering.
Type of Review: Extension.
Form: 11–C.
Description: Form 11–C is used to
register persons accepting wagers (IRC
section 4412). IRS uses this form to
register the respondent, collect the
annual stamp tax (IRC section 4411),
and to verify that the tax on wagers is
reported on Form 730.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours:
126,175 hour.
OMB Number: 1545–1299.
Title: IA–54–90 (Final) Settlement
Funds.
Type of Review: Extension.
Description: The reporting
requirements affect taxpayers that are
qualified settlement funds; they will be
required to file income tax returns,
estimated income tax returns, and
withholding tax returns. The
information will facilitate taxpayer
examinations.
Respondents: Businesses and other
for-profit institutions.
Estimated Total Burden Hours: 3,542
hours.
OMB Number: 1545–0138.
Title: U.S. Departing Alien Income
Tax Statement.
Type of Review: Extension.
Form: 2063.
Description: Form 2063 is used by a
departing resident alien against whom a
termination assessment has not been
made, or a departing non-resident alien
who has no taxable income from United
States sources, to certify that they have
satisfied all U.S. income tax obligations.
The data is used by the IRS to certify
that departing aliens have complied
with U.S. income tax laws.
Respondents: Individuals or
households.
Estimated Total Burden Hours: 17,049
hours.
OMB Number: 1545–2028.
Title: Fuel Cell Motor Vehicle Credit.
Type of Review: Extension.
Description: This information will be
used to determine whether the vehicle
for which the credit is claimed under
30B by a taxpayer is property that
qualifies for the credit. The collection of
information is required to obtain a
benefit. The likely respondents are
corporations and partnerships.

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