Submission for OMB Review; Comment Request, 37305-37306 [E9-17915]
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
out the Secretary’s responsibilities) attend
such training.’’ Additionally, the Application
states that DLA environmental staffers ‘‘will
provide training to local agencies and their
consultants to ensure that LA environmental
documents follow statewide procedures and
meet Federal requirements.’’
Section 12.1.2 of the MOU requires that a
training plan be updated annually during
Caltrans’ participation in the Pilot Program.
This training plan is shared with FHWA on
an annual basis. The training plans submitted
for Fiscal Year (FY) 07–08 and FY 08–09
included information only on Capital
program training and did not include
information on training for DLA staff or how
staff will provide training to local agencies
and consultants. The information gaps in the
FY08–09 Training Plan include:
(a) The lack of a formalized training plan
for DLA staff on DLA-specific processes—
Four interviewees and pre-audit information
collection revealed no evidence of a formal
training plan to carry out the LA
responsibilities under the Pilot Program,
including training for DLA staff and staff in
local agencies and consultants. Interviews in
all Districts/Regions visited indicated varying
training activities have occurred; however,
this information—or an explanation on the
approach—is not included in the training
plan.
(b) The lack of an ongoing training
procedure for local agencies and consultants,
including expected courses or outreach to be
offered. Six interviewees stated that there is
no formal approach being used by Caltrans
Districts to ensure proper training or
outreach is provided to local agencies and
consultants. Given the very large number of
LA projects in some Districts, and the
typically high staff turnover within local
agencies, Caltrans needs to formalize and
implement an ongoing training plan to
ensure that LA program staff can carry out
the responsibilities under the Pilot Program
and work with the local agencies and
consultants to ensure compliance with
statewide procedures and Federal
requirements assumed by Caltrans.
Deficient
(D1) Quarterly Reports—The quarterly
reports Caltrans provides to FHWA under
section 8.2.7 of the MOU continue to
consistently include an inaccurate listing of
all approvals and decisions under the Pilot
Program. The quarterly reports received by
FHWA for the first five quarters have all
contained substantial errors and have had to
be revised and resubmitted to FHWA by
Caltrans.
Discussions with Caltrans staff developing
input for the quarterly reports identified
inconsistent approaches and procedures in
the processes leading to report production.
Communication is not always timely between
the project generalists and the staff
responsible for project tracking and
reporting. Additionally, two of the four
Districts visited during the third audit were
unable to readily produce a list of the
projects within that District that fall under
the Pilot Program. The audit team finds the
quarterly reporting process and products
deficient.
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(D2) Performance Measure—‘‘Monitor
Relationships With Federal and State
Resource Agencies’’—MOU section 10.2.1.C
requires Caltrans to ‘‘assess change in
communication among Caltrans, Federal and
State resource agencies.’’ In all three Caltrans
self-assessments (December 2007, June 2008,
and December 2008) under ‘‘Progress in
Meeting Pilot Program Performance Metrics’’
Caltrans stated that this performance measure
has not yet been implemented. The audit
team understands that Caltrans has engaged
a consultant to undertake a survey of Federal
and State resource agencies to assess their
relationships with Caltrans; however, the
minimal degree of progress after 18 months
of the Pilot Program renders Caltrans’
performance on this requirement deficient at
the time of the audit.
(D3) Delegation of Signature Authority—In
six of the eight Caltrans District Offices
reviewed in this audit, the audit team learned
of the delegation of signature authority for
EISs and individual Section 4(f) Evaluations
that occurred in October 2007.
In September 2007, Caltrans asked for
clarification of signature authority for EISs as
stated in the Application and section 1.1.2 of
the MOU. The FHWA responded with
clarification of this signature authority
through a letter from FHWA to Caltrans dated
September 12, 2007. This letter stated that
the Draft EIS can be signed by either the
Deputy District Director for Environmental
Planning or the District Director, at the
Caltrans’ District discretion. Final EISs are to
be signed by District Directors, and not
further delegated. There was no request for
clarification for individual Section 4(f)
Evaluations and therefore, that signature
authority remains as agreed to with the
Deputy District Director.
During the audit, the audit team learned of
two memos, dated October 2007, that
delegated, for six Districts, the signature of
individual Section 4(f) Evaluations to the
Environmental Office Chiefs and the
signature of EISs to the Environmental
Division Chief or the District Director.
This delegation is inconsistent with the
FHWA clarification letter. Additionally,
Chapter 38 of the SER is inconsistent
regarding this delegation of signature
authority for Draft EISs, indicating two
different delegation signature authorities, one
to the Deputy District Director and one to the
Deputy District Director for Environmental
Planning, in the sections ‘‘Signature
Authorities’’ and ‘‘Signature Protocols.’’
(D4) Assignment of Section 6002
Responsibility under the Pilot Program—
Under MOU section 3.2.2, Caltrans is
responsible for complying with the
requirements of any applicable
environmental law. Therefore, Caltrans is
responsible for complying with SAFETEA–
LU section 6002 (23 U.S.C. 139) which
defines provisions of the environmental
review process. The SAFETEA–LU section
6002(d) (23 U.S.C. 139(d)) states that a
Federal lead agency for a highway project
conducting a NEPA process under section
6002, in this case Caltrans, ‘‘shall identify, as
early as practicable in the environmental
review process for a project, any other
Federal and non-Federal agencies that may
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37305
have an interest in the project, and shall
invite such agencies to become participating
agencies in the environmental review process
for the project.’’
In three of the six EIS project files
reviewed, there were participating agency
invitations sent out to only 5 to 10 agencies
per project. For those projects, the audit
team, thorough interviews and review of
project files, learned that more local, State,
Federal, or tribal governmental agencies,
either may have or already had, expressed an
interest in the project and were therefore
required to be an invited participating
agency.
The Caltrans’ third self-assessment
included a section on ‘‘Understanding of
Section 6002 Requirements,’’ and did not
report any finding that requires a corrective
action.
Based on its review of project files and
interviews with Caltrans staff, the audit team
finds Caltrans’ compliance with its Pilot
Program responsibilities to be deficient with
regard to the intent and requirements of
SAFETEA–LU section 6002 regarding
inviting participating agencies.
(D5) Corrective Action for Audit
Deficiency—In three of the project files
reviewed by the audit team that contained a
class of action determination documentation,
the class of action determination concurrence
was issued the day before the third audit
began, or actually, in two instances, the
concurrence was issued during the audit.
This is a failure to fully address the
deficiency, ‘‘Environmental Document
Process—Class of Action Determination,’’
noted in the previous audit.
Response to Comments and Finalization of
Report
The FHWA received no comments during
the 30-day comment period for the draft
audit report. Therefore, the FHWA feels that
there is no need to revise the draft audit
report findings and finalizes the audit report
with this notice.
[FR Doc. E9–17896 Filed 7–27–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
July 22, 2009.
The Department of Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. 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, and 1750
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37306
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before August 27, 2009
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–1545.
Type of Review: Extension.
Title: REG–107644–97 (Final)
Permitted Elimination of Preretirement
Optional Forms of Benefit (TD 8769).
Description: The regulation permits
an amendment to a qualified plan that
eliminates certain preretirement
optional forms of benefit.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 48,800
hours.
Clearance Officer: R. Joseph Durbala,
(202) 622–3634, Internal Revenue
Service, Room 6516, 1111 Constitution
Avenue, NW., Washington, DC 20224.
OMB Reviewer: Shagufta Ahmed,
(202) 395–7873, Office of Management
and Budget, Room 10235, New
Executive Office Building, Washington,
DC 20503.
Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. E9–17915 Filed 7–27–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
mstockstill on DSKH9S0YB1PROD with NOTICES
July 21, 2009.
The Department of Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. 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, and 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before August 27, 2009
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0432.
Type of Review: Extension.
Form: 5495.
Title: Request for Discharge from
Personal Liability under Internal
Revenue Code Section 2204 or 6905.
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19:36 Jul 27, 2009
Jkt 217001
Description: Form 5495 provides
guidance under sections 2204 and 6905
for executors of estates and fiduciaries
of decedent’s trusts. The form, filed after
regular filing of an Estate, Gift, or
Income tax return for a decedent, is
used by the executor or fiduciary to
request discharge from personal liability
for any deficiency for the tax and
periods shown on the form.
Respondents: Individuals or
Households.
Estimated Total Burden Hours:
306,500 hours.
OMB Number: 1545–1841.
Type of Review: Extension.
Title: REG–157302–02 (Final), TD
9142 Deemed IRAs in Qualified
Retirement Plans.
Description: Section 408(q), added to
the Internal Revenue Code by section
602 of the Economic Growth and Tax
Relief Reconciliation Act of 2001,
provides that separate accounts and
annuities may be added to qualified
employer plans and deemed to be
individual retirement accounts and
individual retirement annuities if
certain requirements are met. Section
1.408(q)–1(f)(2) provides that these
deemed IRAs must be held in a trust or
annuity contract separate from the trust
or annuity contract of the qualified
employer plan. This collection of
information is required to ensure that
the separate requirements of qualified
employer plans are met.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 40,000
hours.
OMB Number: 1545–1828.
Type of Review: Extension.
Title: REG–131478–02 (Final)
Guidance under Section 1502;
Suspension of Losses on Certain Stock
Disposition.
Description: The information in Sec.
1.1502–35T(c) is necessary to ensure
that a consolidated group does not
obtain more than one tax benefit from
both the utilization of a loss from the
disposition of stock and the utilization
of a loss or deduction with respect to
another asset that reflects the same
economic loss; to allow the taxpayer to
make an election under Sec. 1.1502–
35T(c)(5) that would benefit the
taxpayer, the election in Sec. 1.1502–
35T(f) provides taxpayers the choice in
the case of a worthless subsidiary to
utilize a worthless stock deduction or
absorb the subsidiary’s losses; and Sec.
1.1502–35T(g)(3) applies to ensure that
taxpayers do not circumvent the loss
suspension rule of § 1.1502–35T(c) by
deconsolidating a subsidiary and then
re-importing to the group losses of such
subsidiary.
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Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 15,000
hours.
OMB Number: 1545–1969.
Type of Review: Extension.
Form: 13751.
Title: Waiver of Right to Consistent
Agreement of Partnership Items and
Partnership-Level Determinations as to
Penalties, Additions to Tax, and
Additional Amounts.
Description: The information
requested on Form 13751 (as required
under Announcement 2005–80) will be
used to determine the eligibility for
participation in the settlement initiative
of taxpayers related through TEFRA
partnerships to ineligible applicants.
Such determinations will involve
partnership items and partnership-level
determinations, as well as the
calculation of tax liabilities resolved
under this initiative, including penalties
and interest.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 100
hours.
OMB Number: 1545–1986.
Type of Review: Extension.
Title: Notice 2006–XX Elections
Created or Effected by the American
Jobs Creation Act of 2004.
Description: The collection of
information will enable the Internal
Revenue Service to ensure that the
eligibility requirements for the various
elections or revocations have been
satisfied and the requisite sections have
been complied with.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
3,034,765 hours.
OMB Number: 1545–1988.
Type of Review: Extension.
Title: Credit for New Qualified
Alternative Motor Vehicles (Advanced
Lean Burn Technology Motor Vehicles
and Qualified Hybrid Motor Vehicles).
Description: This notice sets forth a
process that allows taxpayers who
purchase passenger automobiles or light
trucks to rely on the domestic
manufacturer’s (or, in the case of a
foreign manufacturer, its domestic
distributor’s) certification that both a
particular make, model and year of
vehicle qualifies as an advanced lean
burn technology motor vehicle under
Section 30B(a) (2) and (c) of the Internal
Revenue Code or a qualified hybrid
motor vehicle under Section 30B(a)(3)
and (d), and the amount of the credit
allowable with respect to the vehicle.
Respondents: Individuals or
Households.
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]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37305-37306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17915]
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DEPARTMENT OF THE TREASURY
Submission for OMB Review; Comment Request
July 22, 2009.
The Department of Treasury will submit the following public
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13 on or
after the date of publication of this notice. 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, and 1750
[[Page 37306]]
Pennsylvania Avenue, NW., Washington, DC 20220.
DATES: Written comments should be received on or before August 27, 2009
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545-1545.
Type of Review: Extension.
Title: REG-107644-97 (Final) Permitted Elimination of Preretirement
Optional Forms of Benefit (TD 8769).
Description: The regulation permits an amendment to a qualified
plan that eliminates certain preretirement optional forms of benefit.
Respondents: Businesses or other for-profits.
Estimated Total Burden Hours: 48,800 hours.
Clearance Officer: R. Joseph Durbala, (202) 622-3634, Internal
Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington,
DC 20224.
OMB Reviewer: Shagufta Ahmed, (202) 395-7873, Office of Management
and Budget, Room 10235, New Executive Office Building, Washington, DC
20503.
Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. E9-17915 Filed 7-27-09; 8:45 am]
BILLING CODE 4830-01-P
