Reports, Forms, and Recordkeeping Requirements, 11994-11995 [E9-6040]
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Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
underlying reasoning in the Code of
Federal Regulations.
On January 26, 2009, President
Obama issued a memorandum
concerning the completion of the
rulemaking.2 In light of the requirement
in EPCA to prescribe CAFE standards
for 18 months in advance,3 i.e., by
March 30, 2009 for MY 2011, and in
order to provide additional time to
obtain new information and consider
anew the appropriate approach to
establishing future CAFE standards, the
President requested NHTSA to complete
its rulemaking in two phases: (1)
standards for MY 2011, and (2)
standards for MY 2012 and beyond. The
President further requested that NHTSA
consider, as part of both phases,
whether any provisions regarding
preemption are consistent with the
EISA, the Supreme Court’s decision in
Massachusetts v. EPA and other
relevant provisions of law and the
policies underlying them.
Massachusetts v. EPA,4 was a case
involving a 2003 order of the
Environmental Protection Agency (EPA)
denying a petition for rulemaking to
regulate greenhouse gas emissions from
motor vehicles under the Clean Air
Act.5 The Court ruled that greenhouse
gases are ‘‘pollutants’’ under the Clean
Air Act and that the Act therefore
authorizes EPA to regulate greenhouse
gas emissions from motor vehicles if
that agency makes the necessary
findings and determinations under
section 202 of the Act.
The Court considered EPCA briefly,
stating
[T]hat DOT sets mileage standards in no
way licenses EPA to shirk its environmental
responsibilities. EPA has been charged with
protecting the public’s ‘‘health’’ and
‘‘welfare,’’ 42 U.S.C. § 7521(a)(1), a statutory
obligation wholly independent of DOT’s
mandate to promote energy efficiency. See
Energy Policy and Conservation Act, § 2(5),
89 Stat. 874, 42 U.S.C. § 6201(5). The two
obligations may overlap, but there is no
reason to think the two agencies cannot both
administer their obligations and yet avoid
inconsistency.
549 U.S. at 537.
In keeping with the President’s
remarks on January 26 regarding the
need for new national policies to
address the closely intertwined issues of
energy independence, energy security
and climate change, and for the
initiation of serious and sustained
2 The memorandum is available at: https://
www.whitehouse.gov/the_press_office/The_Energy_
Independence_and_Security_Act_of_2007/ (last
accessed March 12, 2009).
3 49 U.S.C. 32902(a).
4 549 U.S. 497 (2007).
5 68 FR 52922 (September 8, 2003).
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17:07 Mar 19, 2009
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domestic and international action to
address them, NHTSA will develop
CAFE standards for MY 2012 and
beyond after collecting new
information, conducting a careful
review of technical and economic
inputs and assumptions and standard
setting methodology. It is reasonable to
anticipate that this process will lead to
changes, given the further review and
analysis that will be conducted
pursuant to the President’s request, and
given the steady evolution in technical
and policy factors potentially relevant to
the next CAFE rulemaking. NHTSA may
consider numerous factors, including,
but not limited to, energy and climate
change needs and policy choices
regarding goals and approaches to
achieving them, developments in
domestic legislation and international
negotiations regarding those goals and
approaches, technologies for reducing
fuel consumption, the capacity and
condition of the automotive industry,
fuel prices, and climate change science
and damage valuation.
The goal of the review and reevaluation will be to ensure that the
approach used for MY 2012 and
thereafter produces CAFE standards that
contribute, to the maximum feasible
extent, consistent with the legal
requirements of EPCA/EISA, to meeting
the energy and environmental
challenges and goals outlined by the
President. We intend to craft our
program with the goal of creating the
maximum incentives for innovation,
providing reasonable flexibility to the
regulated parties, and meeting the goal
of making substantial and continuing
reductions in the consumption of fuel
sufficient to achieve at least 35 mpg not
later than model year 2020. To that end,
we are committed to ensuring that the
CAFE program for beyond MY 2011 is
based on the best scientific, technical,
and economic information available,
and that such information is developed
in close coordination with the
Environmental Protection Agency,
Department of Energy and other federal
agencies and our stakeholders,
including the public and the vehicle
manufacturers.
In response to the President’s request
that NHTSA consider whether any
provisions regarding preemption are
consistent with EISA, the Supreme
Court’s decision in Massachusetts v.
EPA and other relevant provisions of
law and the policies underlying them,
NHTSA is reconsidering its views
regarding preemption under EPCA of
state standards regulating motor vehicle
tailpipe emissions of carbon dioxide.
Accordingly, the agency will neither
include any discussion of preemption in
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Frm 00092
Fmt 4703
Sfmt 4703
the preamble to forthcoming final rule
establishing CAFE standards for MY
2011 nor include any provisions
addressing preemption in the
amendments made by that rule to the
Code of Federal Regulations. This
course of action will permit the agency
to address the issue of preemption in a
deliberate, comprehensive manner in
the context of its forthcoming
rulemaking to establish CAFE standards
for 2012 and later model years.
Issued on: March 16, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–6061 Filed 3–17–09; 4:15 pm]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket Number NHTSA–2009–
0048]
Reports, Forms, and Recordkeeping
Requirements
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for public comment on
proposed collection of information.
SUMMARY: Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatement of previously approved
collections.
This document describes one
collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on
or before May 19, 2009.
ADDRESSES: You may submit comments
[identified by DOT Docket No. NHTSA–
2009–0048] by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
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Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Telephone: 1–800–647–5527.
• Fax: 202–493–2251.
Instructions: All submissions must
include the agency name and docket
number for this proposed collection of
information. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
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 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT:
Complete copies of this request for
collection of information may be
obtained at no charge from Dennis
Flemons, NHTSA 1200 New Jersey
Avenue, SE., Room W53–448 NVS–412,
Washington, DC 20590. Mr. Flemons
telephone number is (202) 366–5389.
Please identify the relevant collection of
information by referring to its OMB
Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5CFR 1320.8(d)), an
agency must ask for public comment on
the following:
i. Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
ii. The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
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17:07 Mar 19, 2009
Jkt 217001
iii. How to enhance the quality,
utility, and clarity of the information to
be collected;
iv. How to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collections of information:
Title: Fatality Analysis Reporting
System (FARS).
OMB Control Number: 2127–0006.
Form Number: HS214, HS 214A,
HS214B, HS 214C.
Affected Public: State, Local, or Tribal
Government.
Abstract: Under both the Highway
Safety Act of 1966 and the National
Traffic and Motor Vehicle Safety Act of
1966, the National Highway Traffic
Safety Administration (NHTSA) has the
responsibility to collect accident data
that support the establishment and
enforcement of motor vehicle
regulations and highway safety
programs. These regulations and
programs are developed to reduce the
severity of injury and the property
damage associated with motor vehicle
accidents. The Fatal Accident Reporting
System (FARS) is a major system that
acquires national fatality information
directly from existing State files and
documents. Since FARS is an on-going
data acquisition system, reviews are
conducted yearly to determine whether
the data acquired are responsive to the
total user population needs. The total
user population includes Federal and
State agencies and the private sector.
Changes in the forms usually involve
clarification adjustments to aid the user
population in conducting more precise
analyses, to remove ambiguity for the
respondents and to differentiate data by
data collection year. These changes are
annual and do not affect the reporting
burden of the respondent (State
employees utilize existing State
highway safety related files).
Other changes may involve removing
outdated data elements introducing new
data elements or redesigning data
elements to capture higher quality data
and to respond more to the needs of the
user population. These changes are less
frequent and affect burden very
gradually. Advances in technology and
systems design are incorporated to
minimize the burden on the
respondents.
Estimated Annual Burden: 82,407
hours.
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Frm 00093
Fmt 4703
Sfmt 4703
11995
Number of Respondents: 53.
Comments are invited on: Whether
the proposed collection of information
is 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 estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Marilena Amoni,
Associate Administrator, National Center for
Statistics and Analysis.
[FR Doc. E9–6040 Filed 3–19–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35227]
Middletown and New Jersey Railroad,
LLC—Acquisition and Operation
Exemption—Middletown & New Jersey
Railway Co., Inc.
Middletown and New Jersey Railroad,
LLC (Middletown), a noncarrier, has
filed a verified notice of exemption
under 49 CFR 1150.31 to acquire and
operate 6.5 miles of rail line owned by
Middletown & New Jersey Railway Co.,
Inc., between milepost 0.0 at
Middletown, NY, and milepost 6.5 at
Slate Hill, NY.
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35228, Regional Rail, LLC.—
Continuance in Control Exemption—
Middletown and New Jersey Railroad,
LLC., wherein Regional Rail, LLC seeks
to continue in control of Middletown,
upon Middletown becoming a Class III
rail carrier.
The transaction is expected to be
consummated on or shortly after April
5, 2009 (the effective date of the
exemption).
Middletown certifies that its projected
annual revenues as a result of the
transaction will not result in its
becoming a Class II or Class I rail carrier
and further certifies that its projected
annual revenue will not exceed $5
million.
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
No. 110–161, § 193, 121 Stat. 1844
(2007), nothing in this decision
authorizes the following activities at any
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]]>Agencies
[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11994-11995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6040]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[U.S. DOT Docket Number NHTSA-2009-0048]
Reports, Forms, and Recordkeeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for public comment on proposed collection of
information.
-----------------------------------------------------------------------
SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
This document describes one collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on or before May 19, 2009.
ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2009-0048] by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between
[[Page 11995]]
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
Telephone: 1-800-647-5527.
Fax: 202-493-2251.
Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to https://
www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
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 (65 FR 19477-78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: Complete copies of this request for
collection of information may be obtained at no charge from Dennis
Flemons, NHTSA 1200 New Jersey Avenue, SE., Room W53-448 NVS-412,
Washington, DC 20590. Mr. Flemons telephone number is (202) 366-5389.
Please identify the relevant collection of information by referring to
its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5CFR
1320.8(d)), an agency must ask for public comment on the following:
i. Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
ii. The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
iii. How to enhance the quality, utility, and clarity of the
information to be collected;
iv. How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information:
Title: Fatality Analysis Reporting System (FARS).
OMB Control Number: 2127-0006.
Form Number: HS214, HS 214A, HS214B, HS 214C.
Affected Public: State, Local, or Tribal Government.
Abstract: Under both the Highway Safety Act of 1966 and the
National Traffic and Motor Vehicle Safety Act of 1966, the National
Highway Traffic Safety Administration (NHTSA) has the responsibility to
collect accident data that support the establishment and enforcement of
motor vehicle regulations and highway safety programs. These
regulations and programs are developed to reduce the severity of injury
and the property damage associated with motor vehicle accidents. The
Fatal Accident Reporting System (FARS) is a major system that acquires
national fatality information directly from existing State files and
documents. Since FARS is an on-going data acquisition system, reviews
are conducted yearly to determine whether the data acquired are
responsive to the total user population needs. The total user
population includes Federal and State agencies and the private sector.
Changes in the forms usually involve clarification adjustments to
aid the user population in conducting more precise analyses, to remove
ambiguity for the respondents and to differentiate data by data
collection year. These changes are annual and do not affect the
reporting burden of the respondent (State employees utilize existing
State highway safety related files).
Other changes may involve removing outdated data elements
introducing new data elements or redesigning data elements to capture
higher quality data and to respond more to the needs of the user
population. These changes are less frequent and affect burden very
gradually. Advances in technology and systems design are incorporated
to minimize the burden on the respondents.
Estimated Annual Burden: 82,407 hours.
Number of Respondents: 53.
Comments are invited on: Whether the proposed collection of
information is 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 estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
Marilena Amoni,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. E9-6040 Filed 3-19-09; 8:45 am]
BILLING CODE 4910-59-P
