Dec. 5, 2014, FR Notice (30-Day)

Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
capture the uncertainties due to weather
and the inability to perform significant
mitigation at the launch site on the day
of launch.
A. Analysis of the Updated Risk
Assessment
The FAA’s original waiver analyzed
ULA and Lockheed’s proposals using
the waiver criteria established by our
statutory and regulatory framework.
Section 50905(b)(3) allows the FAA to
waive a license requirement if the
waiver (1) will not jeopardize public
health and safety, and safety of
property; (2) is in the public interest;
and (3) will not jeopardize national
security and foreign policy interests of
the United States. See also 49 CFR
404.5(b). We reapply those same criteria
here.

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1. Public Health and Safety, and Safety
of Property
The FAA’s initial waiver examined
ULA and Lockheed’s proposal in
comparison with the historically
acceptable launch risk levels at other
Federal agencies to determine whether
the mission would fall within those
parameters. The rationale for our
approval of ULA and Lockheed’s prior
waiver requests applies equally to their
revised risk assessment. Although the
FAA’s regulations prohibit debris risk in
excess of 30 × 10¥6, a waiver is
warranted in this case because the
United States Government’s experience
conducting other space missions with
risk in excess of 100 × 10¥6
demonstrates that the risks of this
mission are consistent with the public
health and safety, and the safety of
property. As we stated in our March 10,
2014, Notice of Waiver, the United
States Government has repeatedly
accepted risk for government launches
in excess of the FAA’s 30 × 10¥6,
without negative consequences for
safety. 79 FR at 13376. The Space
Shuttle, for example, used a debris risk
criterion of 200 × 10¥6 for launch risk
to the public. See NASA’s
Implementation Plan for Space Shuttle
Return to Flight and Beyond, Vol. 1
Final Edition, at 2–39 (May 15, 2007). In
addition, in 2005, the U.S. Air Force
accepted risk levels in a government
launch ranging from 145 to 317 × 10¥6.
Dept. of the Air Force Memorandum,
Overflight Risk Exceedance Waiver for
Titan IV B–30, Mission (Apr. 4, 2005).
ULA’s updated launch risk of 217 ×
10¥6 is still less than the risk levels
previously approved for a government
launch. Accordingly, granting a waiver
of §§ 417.107(b)(1) and 431.35(b)(1)(i) in
this case does not jeopardize the public

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health and safety, or the safety of
property.
2. Public Interest
The FAA looks to its enabling statute
to determine how Congress has defined
the public interest. The FAA
implements the agency’s statutory
mandate to encourage the development
of commercial space capabilities and the
continuous improvement of the safety of
launch vehicles designed to carry
passengers. 51 U.S.C. 50901(b).
As with their initial petition, ULA
and Lockheed’s petition for an amended
waiver are consistent with the public
interest because the test flight is
necessary to the development of
NASA’s human-missions capability
beyond Earth orbit.
D. National Security and Foreign Policy
Interests
The FAA has not identified any
national security or foreign policy
implications associated with amending
this waiver.
Summary and Conclusion
The FAA determines that amending
the waivers associated with this mission
will not jeopardize public health and
safety or safety of property. In addition,
amending the waivers is in the public
interest because it accomplishes the
goals of Chapter 509 and does not
unduly increase risk to the public.
Finally, amending the waivers will not
jeopardize national security and foreign
policy interests of the United States.
The FAA therefore amends its prior
waivers of the requirements of 14 CFR
417.107(b)(1) and 431.35(b)(1)(i) for
launch and mission risk, respectively, to
allow launch risk of an Ec of 217 × 10¥6
and total mission risk of 218 × 10¥6.
Issued in Washington, DC, on November
26, 2014.
Kenneth Wong,
Licensing and Evaluation Division Manager.
[FR Doc. 2014–28614 Filed 12–4–14; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2014–0011–N–22]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

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72241

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the renewal
Information Collection Requests (ICR)
abstracted below are being forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICR describes the nature of the
information collection and its expected
burden. The Federal Register notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on
September 5, 2014 (79 FR 56616).
DATES: Comments must be submitted on
or before January 5, 2015.
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 25,
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 tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, sec. 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 issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On September 5,
2014, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICR that the agency is seeking OMB
approval. See 79 FR 56616. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)-(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
SUMMARY:

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wreier-aviles on DSK5TPTVN1PROD with NOTICES

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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices

CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summary below describes the
nature of the information collection
request (ICR) and the expected burden.
The revised request is being submitted
for clearance by OMB as required by the
PRA.
Title: Identification of Cars Moved in
Accordance with Order 13528.
OMB Control Number: 2130–0506.
Abstract: This collection of
information identifies a freight car being
moved within the scope of Order 13528
(now codified at under 49 CFR 232.3).
Otherwise, an exception will be taken,
and the car will be set out of the train
and not delivered. The information that
must be recorded is specified at 49 CFR
232.3(d)(3), which requires that a car be
properly identified by a card attached to
each side of the car and signed stating
that such movement is being made
under authority of the Order. Section
232.2(d)(3) does not require retaining
cards or tags. When a car bearing a tag
for movement under this provision
arrives at its destination, the tags are
simply removed. This requirement/
record comes into play only when a
railroad finds it necessary to move
equipment as specified above. FRA
estimates that approximately 400 cars
per year are moved under this Order.
Request: Extension without change of
a currently approved information
collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Annual Estimated Burden: 67 hours.
Title: U.S. Locational Requirement for
Dispatching U.S. Rail Operations.
OMB Control Number: 2130–0556.
Abstract: Part 241 requires, in the
absence of a waiver, that all dispatching
of railroad Operations that occurs in the
United States be performed in this
country, with a minor exception. A
railroad is allowed to conduct
extraterritorial dispatching from Mexico
or Canada in emergency situations, but
only for the duration of the emergency.
A railroad relying on the exception must
provide written notification of its action
to the FRA Regional Administrator of
each FRA region in which the railroad
operation occurs; such notification is
not required before addressing the
emergency situation. The information
collected under this rule will be used as
part of FRA’s oversight function to
ensure that extraterritorial dispatchers
comply with applicable safety
regulations.
Request: Extension without change of
a currently approved information
collection.

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Affected Public: Businesses
(Railroads).
Form(s): N/A.
Annual Estimated Burden: 8 hours.
Addressee: Send comments regarding
this information collections to the Office
of Information and Regulatory Affairs,
Office of Management and Budget, 725
Seventeenth Street NW., Washington,
DC 20503, Attention: FRA Desk Officer.
Comments may also be sent via email to
OMB at the following address: oira_
submissions@omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimates of the burden of
the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on December 1,
2014.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2014–28506 Filed 12–4–14; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2009–0074]

Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations, this
document provides the public notice
that by a document dated October 14,
2014, the Canadian National Railway
Company (CN), Brotherhood of
Locomotive Engineers and Trainmen
(BLET), and International Association of
Sheet Metal, Air, Rail and
Transportation Workers (SMART), have
jointly petitioned the Federal Railroad
Administration (FRA) for an extension
of their waiver of compliance from
certain provisions of the Federal hours
of service laws contained at 49 U.S.C.
21103(a)(4). FRA assigned the petition
Docket Number FRA–2009–0074.
In their petition, CN, BLET, and
SMART seek relief from 49 U.S.C.

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21103(a)(4), which, in part, requires a
train employee to receive 48 hours off
duty after initiating an on-duty period
for 6 consecutive days. Specifically, CN,
BLET, and SMART seek a waiver to
allow a train employee to initiate an onduty period, each day, for 6 consecutive
days followed by 24 hours off duty. In
support of the request, CN, BLET, and
SMART explained that CN has operated
these schedules of 6 consecutive onduty periods followed by 24 hours off
duty successfully since 2002. CN, BLET,
and SMART indicate that these
schedules have not had an adverse
impact on safety.
CN provided work schedules for the
employees covered by the waiver,
which shows them reporting for work
within pre-set 4-hour calling spreads
with a regular rest day. CN also
provided an analysis of the most current
12-month period of train-employee onduty human factor-related accidents and
injuries. CN indicates that its analyses
revealed that of the 22 human factorrelated accidents involving CN
employees in the preceding 12 months,
none involved employees covered under
the waiver working 6 consecutive days
followed by 24 hours off duty. Finally,
CN said that all employees covered by
the waiver were provided information
about the waiver extension petition, and
that there were no objections to the
waiver extension by these employees.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.

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