Proposed Agency Information Collection Activities; Comment Request, 72496-72497 [2011-30213]

Download as PDF 72496 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices sroberts on DSK5SPTVN1PROD with NOTICES demand is preempted by 49 U.S.C. 14506. The recent amendment to the Act, however, removed this requirement, rendering ATA’s request moot. As a result, FMCSA does not address this issue. By letter dated January 25, 2011, the ADPS responded to ATA’s petition. ADPS acknowledged that the requirements of the Act are more stringent than Federal regulations, but stated that the requirements should not be preempted because they have safety benefits and do not place an unreasonable burden on interstate commerce. Applicable law Section 31141 of title 49, United States Code, prohibits States from enforcing a law or regulation on CMV safety that the Secretary of Transportation (Secretary) has determined to be preempted. To determine whether a State law or regulation is preempted, the Secretary must decide whether a State law or regulation: (1) Has the same effect as a regulation prescribed under 49 U.S.C. 31136, which is the authority for much of the Federal Motor Carrier Safety Regulations (FMCSRs); (2) is less stringent than such a regulation; or (3) is additional to or more stringent than such a regulation (49 U.S.C. 31141(c)(1)). If the Secretary determines that a State law or regulation has the same effect as a regulation based on 31136, it may be enforced (49 U.S.C. 31141(c)(2)). A State law or regulation that is less stringent may not be enforced (49 U.S.C. 31141(c)(3)). And a State law or regulation the Secretary determines to be additional to or more stringent than a regulation based on 31136 may be enforced unless the Secretary decides that the State law or regulation (1) Has no safety benefit; (2) is incompatible with the regulation prescribed by the Secretary; or (3) would cause an unreasonable burden on interstate commerce (49 U.S.C. 31141(c)(4)). To determine whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the cumulative effect that the State’s law or regulation and all similar laws and regulations of other States will have on interstate commerce (49 U.S.C. 31141(c)(5)). The Secretary’s authority under 31141 is delegated to the FMCSA Administrator by 49 CFR 1.73(g). Request for Comments Although preemption under 31141 is a legal determination reserved to the judgment of the Agency, FMCSA seeks comment on what effect, if any, VerDate Mar<15>2010 17:03 Nov 22, 2011 Jkt 226001 Alabama’s metal coil load securement certification requirement has on interstate motor carrier operations. Commenters are also encouraged to submit information on similar requirements imposed by States other than Alabama. In requesting comments, FMCSA does not seek legal conclusions. FMCSA also seeks information on the safety, economic, and operational effects, including cumulative effects, of Alabama’s and other States’ requirements. FMCSA requests commenters to limit their submissions to these issues and to submit data supporting their positions. The Agency has placed in the docket for inspection: FMCSA’s June 26, 2009 letter, Governor Riley’s August 26, 2009 reply, ATA’s December 22, 2010 petition, ADPS’s January 25, 2011 response, the Alabama Metal Securement Act, the ADPS April 5, 2011 rule implementing the Metal Coil Securement Act, and the June 2011 amendments to the Metal Coil Securement Act. Issued on: November 2, 2011. Anne S. Ferro, Administrator. [FR Doc. 2011–30237 Filed 11–22–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2011–0001–N–20] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, (FRA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below are being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on September 8, 2011 (76 FR 55726). DATES: Comments must be submitted on or before December 23, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Planning and Evaluation Division, RRS– 21, Federal Railroad Administration, 1200 New Jersey Ave. SE., 3rd Floor, 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., 3rd Floor, Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, Section 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 8, 2011, FRA published a 60-day notice in the Federal Register soliciting comment on these ICRs for which the agency is seeking OMB approval. 76 FR 55726. 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 of this Notice to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summary below describes the nature of the information collection requirements (ICRs) and the expected burden being submitted for clearance by OMB as required by the PRA. Title: Occupational Noise Exposure for Railroad Operating Employees. OMB Control Number: 2130–0571. Type of Request: Extension with change of a currently approved collection. Affected Public: Businesses. Abstract: The collection of information is used by FRA to ensure that railroads covered by this rule establish and implement—by specified E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices dates—noise monitoring, hearing conservation, and audiometric testing programs, as well as hearing conservation training programs, to protect their employees against the damaging and potentially dangerous effects of excessive noise in the everyday rail environment. Form Number(s): N/A. Total Annual Estimated Burden Hours: 35,301 hours. Addressee: Send comments regarding this information collection 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: oirasubmissions@omb.eop.gov. Comments are invited on the following: 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. 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 November 17, 2011 . Michael Logue, Acting Director, Office of Financial Management, Federal Railroad Administration. [FR Doc. 2011–30213 Filed 11–22–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF THE TREASURY Office of The Comptroller of The Currency FEDERAL RESERVE SYSTEM sroberts on DSK5SPTVN1PROD with NOTICES Federal Deposit Insurance Corporation Agency Information Collection Activities: Proposed Collection; Comment Request Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). AGENCIES: VerDate Mar<15>2010 17:03 Nov 22, 2011 Jkt 226001 Joint notice and request for comment. ACTION: In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC (the ‘‘agencies’’) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has approved the agencies’ publication for public comment of a proposal to extend, without revision, the Country Exposure Report (FFIEC 009) and the Country Exposure Information Report (FFIEC 009a), which are currently approved information collections. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the FFIEC should modify the reports. The agencies will then submit the reports to OMB for review and approval. DATES: Comments must be submitted on or before January 23, 2012. ADDRESSES: Interested parties are invited to submit written comments to any or all of the agencies. All comments, which should refer to the OMB control number, will be shared among the agencies. OCC: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0100, 250 E Street SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy comments at the OCC’s Public Information Room, 250 E Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Board: You may submit comments, identified by FFIEC 009 or FFIEC 009a, by any of the following methods: Agency Web site: https:// www.federalreserve.gov. Follow the instructions for submitting comments on the https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 72497 Email: regs.comments@federalreserve.gov. Include the OMB control number in the subject line of the message. Fax: (202) 452–3819 or (202) 452– 3102. Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. All public comments are available from the Board’s Web site at https:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, except as necessary for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room MP– 500 of the Board’s Martin Building (20th and C Streets NW) between 9 a.m. and 5 p.m. on weekdays. FDIC: You may submit written comments, which should refer to ‘‘Country Exposure Reports, 3064– 0017,’’ by any of the following methods: Agency Web site: https://www.fdic.gov/ regulations/laws/federal/propose.html. Follow the instructions for submitting comments on the FDIC Web site. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Email: Comments@FDIC.gov. Include ‘‘Country Exposure Reports, 3064– 0017’’ in the subject line of the message. Mail: Gary A. Kuiper, Counsel, Attention: Comments, Room F–1086, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. Hand Delivery/Courier: Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7 a.m. and 5 p.m. Public Inspection: All comments received will be posted without change to https://www.fdic.gov/regulations/laws/ federal/propose/html including any personal information provided. Comments may be inspected at the FDIC Public Information Center, Room E– 1002, 3501 Fairfax Drive, Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days. Additionally, commenters may send a copy of their comments to the OMB desk officer for the agencies by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: Additional information or a copy of the collection may be requested from: E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72496-72497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30213]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2011-0001-N-20]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, (FRA), Department of 
Transportation (DOT).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requirements (ICRs) abstracted below are being forwarded to 
the Office of Management and Budget (OMB) for review and comment. The 
ICRs describe the nature of the information collections and their 
expected burden. The Federal Register notice with a 60-day comment 
period soliciting comments on the following collections of information 
was published on September 8, 2011 (76 FR 55726).

DATES: Comments must be submitted on or before December 23, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, 
Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 1200 New Jersey Ave. SE., 3rd Floor, 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., 3rd Floor, Mail Stop 35, 
Washington, DC 20590 (telephone: (202) 493-6132). (These telephone 
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: 
    The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, 
Section 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 8, 2011, FRA published a 60-day notice in the Federal 
Register soliciting comment on these ICRs for which the agency is 
seeking OMB approval. 76 FR 55726. 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 
of this Notice to best ensure having their full effect. 5 CFR 
1320.12(c); see also 60 FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information 
collection requirements (ICRs) and the expected burden being submitted 
for clearance by OMB as required by the PRA.
    Title: Occupational Noise Exposure for Railroad Operating 
Employees.
    OMB Control Number: 2130-0571.
    Type of Request: Extension with change of a currently approved 
collection.
    Affected Public: Businesses.
    Abstract: The collection of information is used by FRA to ensure 
that railroads covered by this rule establish and implement--by 
specified

[[Page 72497]]

dates--noise monitoring, hearing conservation, and audiometric testing 
programs, as well as hearing conservation training programs, to protect 
their employees against the damaging and potentially dangerous effects 
of excessive noise in the everyday rail environment.
    Form Number(s): N/A.
    Total Annual Estimated Burden Hours: 35,301 hours.
    Addressee: Send comments regarding this information collection 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 
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.
    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 November 17, 2011 .
Michael Logue,
Acting Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2011-30213 Filed 11-22-11; 8:45 am]
BILLING CODE 4910-06-P

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