Assessment of Mediation and Arbitration Procedures, 23208-23209 [2012-9324]
Download as PDF
23208
832.1003–2
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Proposed Rules
Contract Clause.
The contracting officer shall insert the
clause at 852.273–76, Electronic
Submission of Payment Requests, in all
solicitations and contracts.
Subchapter H—Clauses and Forms
PART 852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 852
continues to read as follows:
Authority: 38 U.S.C. 501, 8127, 8128, and
8151–8153; 40 U.S.C. 121(c) and 48 CFR
1.301–1.304.
Subpart 852.2—Texts of Provisions
and Clauses
4. Add 852.273–76 to subpart 852.2 to
read as follows:
852.273–76 Electronic Submission of
Payment Requests.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
As prescribed in 832.1003–2, insert
the following clause:
(End of clause)
Electronic Submission of Payment Requests
(XXX 2012)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the
meaning given in FAR 32.001.
(2) Designated agency office has the
meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated
system transmitting information
electronically according to the accepted
electronic data transmission methods and
formats identified in paragraph (c) of this
clause. Facsimile, email, and scanned
documents are not acceptable electronic
forms for submission of payment requests.
(4) Invoice payment has the meaning given
in FAR 32.001.
(5) Payment request means any request for
contract financing payment or invoice
payment submitted by the contractor under
this contract.
(b) Electronic Payment Requests. Except as
provided in paragraph (e) of this clause, the
contractor shall submit payment requests in
electronic form. Purchases paid with a
Government-wide commercial purchase card
are considered to be an electronic transaction
for purposes of this rule, and therefore no
additional electronic invoice submission is
required.
(c) Data Transmission. A contractor must
ensure that the data transmission method and
format are through one of the following:
(1) VA’s Electronic Invoice Presentment
and Payment System. (See Web site at http:
//www.fsc.va.gov/einvoice.asp.)
(2) Any system that conforms to the X12
electronic data interchange (EDI) formats
established by the Accredited Standards
Center (ASC) and chartered by the American
National Standards Institute (ANSI). The X12
EDI Web site (https://www.x12.org) includes
additional information on EDI 810 and 811
formats.
(d) Invoice requirements. Invoices shall
comply with FAR 32.905.
VerDate Mar<15>2010
16:22 Apr 17, 2012
Jkt 226001
(e) Exceptions. If, based on one of the
circumstances below, the contracting officer
directs that payment requests be made by
mail, the contractor shall submit payment
requests by mail through the United States
Postal Service to the designated agency
office. Submission of payment requests by
mail may be required for:
(1) Awards made to foreign vendors for
work performed outside the United States;
(2) Classified contracts or purchases when
electronic submission and processing of
payment requests could compromise the
safeguarding of classified or privacy
information;
(3) Contracts awarded by contracting
officers in the conduct of emergency
operations, such as responses to national
emergencies;
(4) Solicitations or contracts in which the
designated agency office is a VA entity other
than the VA Financial Services Center in
Austin, Texas; or
(5) Solicitations or contracts in which the
VA designated agency office does not have
electronic invoicing capability as described
above.
[FR Doc. 2012–9269 Filed 4–17–12; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1108 and 1109
[STB Docket No. EP 699]
Assessment of Mediation and
Arbitration Procedures
Surface Transportation Board.
Supplemental Notice of
Proposed Rulemaking.
AGENCY:
ACTION:
The Surface Transportation
Board has proposed regulations that
would require Class I and Class II rail
carriers to participate in the Board’s
arbitration program, unless they file a
prior written notice with the Board on
an annual basis opting out of the
program. By contrast, Class III rail
carriers wishing to participate in the
Board’s arbitration program could file a
request for arbitration with the Board
under this docket at any time, or could
voluntarily agree to participate in
arbitration on a case-by-case basis. A
shipper wishing to participate in the
Board’s arbitration program could so
inform the Board on a case-by-case basis
following the filing of a complaint.
Pursuant to the Paperwork Reduction
Act and Office of Management and
Budget regulations, the Board now seeks
comments regarding certain information
pertaining to the proposed arbitration
rules.
SUMMARY:
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
DATES:
Comments are due by June 18,
2012.
Comments may be
submitted either via the Board’s e-filing
process or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the
E–FILING link on the Board’s Web site,
at https://www.stb.dot.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 699, 395 E
Street SW., Washington, DC 20423–
0001. Copies of written comments
received by the Board will be posted to
the Board’s Web site at https://
www.stb.dot.gov and will be available
for viewing and self-copying in the
Board’s Public Docket Room, Suite 131,
395 E Street SW., Washington, DC.
Copies of the comments will also be
available by contacting the Board’s
Chief Records Officer by telephone at
(202) 245–0236 or by mail at 395 E
Street SW., Washington, DC 20423–
0001.
FOR FURTHER INFORMATION CONTACT:
Virginia Strasser at (202) 245–0275.
(Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.)
SUPPLEMENTARY INFORMATION: By Notice
of Proposed Rulemaking in Assessment
of Mediation and Arbitration
Procedures, EP 699 (STB served Mar.
28, 2012),1 the Surface Transportation
Board has proposed regulations that
would require Class I and Class II rail
carriers to participate in the Board’s
arbitration program, unless they file a
prior written notice with the Board on
an annual basis opting out of the
program. Pursuant to the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
(PRA), and Office of Management and
Budget (OMB) regulations at 5 CFR
1320.8(d)(3), the Board now seeks
comments regarding: (1) Whether the
particular collection of information
described below and in greater detail at
77 FR 19,591 is necessary for the proper
performance of the functions of the
Board, including whether the collection
has practical utility; (2) the accuracy of
the Board’s burden estimates; (3) ways
to enhance the quality, utility, and
clarity of the information collected; and
(4) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
ADDRESSES:
1 The Notice of Proposed Rulemaking was
published in the Federal Register on April 2, 2012.
(77 FR 19,591).
E:\FR\FM\18APP1.SGM
18APP1
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Proposed Rules
other forms of information technology,
when appropriate.
The Board favors the resolution of
disputes through the use of mediation
and arbitration procedures, in lieu of
formal Board proceedings, wherever
possible. To that end, the Board has
existing rules that encourage parties to
agree voluntarily to mediate or arbitrate
certain matters subject to its
jurisdiction. The Board’s mediation
rules are set forth at 49 CFR 1109.1,
1109.3, 1109.4, 1111.2, 1111.9, and
1111.10. Its arbitration rules are set forth
at 49 CFR 1108, 1109.1, 1109.2, 1109.3,
and 1115.8. The proposed modifications
to the Board’s existing rules are
intended to increase the use of
mediation and arbitration in lieu of
formal adjudication to resolve disputes
before the Board.
The proposed changes to the
mediation rules do not impose a new
information collection on the public.
Rather, the proposed changes to the
existing mediation rules would establish
procedures under which the Board
could compel mediation in certain types
of adjudications before the Board, on a
case-specific basis, as well as grant
mediation requests of parties to
disputes.
The proposed changes to the
arbitration rules, however, do impose a
new information collection with regard
to rail carriers. Class I and Class II
carriers would be deemed to have
agreed voluntarily to participate in the
Board’s proposed arbitration program
unless they ‘‘opt out.’’ To opt out, any
such carrier would be required to file a
notice with the Board, under Docket No.
EP 699, notifying the Board of its optout decision, no later than 20 days after
this proposed rule took effect. Any such
carrier not submitting a notice by this
deadline would be deemed to be a
participant in the Board’s arbitration
program. Should the proposed rules
take effect, a Class I or Class II carrier
wishing to opt out of the Board’s
arbitration program would be required
to file an opt-out notice with the Board
no later than January 10 of each
calendar year. Such carriers not opting
out by this deadline would become
participants in the Board’s proposed
arbitration program during that calendar
year. Participating carriers could also
opt out of the arbitration program at any
time by providing 90 days’ notice to the
Board. Class I and Class II carriers that
had opted out would be able to opt back
into the proposed arbitration program at
any time by filing a notice with the
Board that would take effect
immediately. They could also
participate in arbitration on a case-bycase basis.
VerDate Mar<15>2010
16:22 Apr 17, 2012
Jkt 226001
In contrast, Class III rail carriers
would not be deemed to have agreed to
participate in the proposed arbitration
program unless they were to opt in by
filing a written notice in Docket No. EP
699, so informing the Board. Such
notice could be filed at any time and
would take effect immediately. A Class
III carrier would remain a participant in
the proposed arbitration program
thereafter unless it were to file an optout notice with the Board. Such notice
would take effect 90 days after filing.
Like Class I and Class II carriers, Class
III carriers could also voluntarily agree
to participate in arbitration on a case-bycase basis.
Shippers would choose to participate
in arbitration of the proposed programeligible disputes on a case-by-case basis
following the filing of a complaint
whose subject matter would be
arbitration program-eligible under the
proposed rule.
This proposed rule, which is detailed
in the Board’s decision and Federal
Register notice referenced above is
being submitted to OMB for review as
required under the PRA, 44 U.S.C.
3507(d), and 5 CFR 1320.11.
23209
Needs and Uses: Under 49 U.S.C.
721(a), the Board has the authority to
prescribe regulations to carry out its
statutory authority. The proposed
information collection is intended to
encourage greater use of arbitration as a
means to resolve certain types of
disputes before the Board, by
establishing an arbitration program in
which Class I and Class II rail carriers
would agree in advance to participate in
binding arbitration of those disputes
unless they file an opt-out notice with
the Board on an annual basis. Class III
rail carriers may inform the Board of
their interest in participating in this
arbitration program by filing an opt-in
notice at any time. Failure to collect this
information would impede the Board’s
ability to establish the proposed
arbitration program. The Board has
authority to collect information from
rail carriers under 49 U.S.C. 11145(a).
Retention Period: Information in this
report will be maintained on the Board’s
Web site for a minimum of one year and
will be otherwise maintained by the
Board for a minimum of two years.
[FR Doc. 2012–9324 Filed 4–17–12; 8:45 am]
BILLING CODE 4915–01–P
List of Subjects
49 CFR Part 1108
DEPARTMENT OF COMMERCE
Administrative practice and
procedure, Railroads.
49 CFR Part 1109
National Oceanic and Atmospheric
Administration
Administrative practice and
procedure, Maritime carriers, Motor
carriers, Railroads.
50 CFR Parts 223 and 224
Decided: April 13, 2012.
Jeffrey Herzig,
Clearance Clerk.
RIN 0648–BB41
Endangered and Threatened Species;
Proposed Delisting of Eastern DPS of
Steller Sea Lions
Appendix A
The additional information below is
included to assist those who may wish
to submit comments pertinent to review
under the Paperwork Reduction Act:
Description of Collection
Title: Assessment of Mediation and
Arbitration Procedures.
OMB Control Number: 2140–XXXX.
STB Form Number: None.
Type of Review: New collection.
Respondents: Class I, Class II, and
Class III railroads.
Number of Respondents: A maximum
of 650.
Estimated Time per Response: 1.0
hour.
Frequency: Annually.
Total Burden Hours (annually
including all potential respondents):
650 hours.
Total ‘‘Non-Hour Burden’’ Cost: None
identified.
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
[Docket No. 110901553–2072–01]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
Under the authority of the
Endangered Species Act of 1973, as
amended (ESA), we, NMFS, issue this
proposed rule to remove the eastern
distinct population segment (DPS) of
Steller sea lions from the List of
Endangered and Threatened Wildlife.
After receiving two petitions to delist
this DPS, we completed a
comprehensive review of the status of
the eastern DPS of Steller Sea Lions.
Based on the information presented in
the draft Status Review, the factors for
delisting in section 4 (a)(1) of the ESA,
the objective recovery criteria in the
2008 Recovery Plan, and the continuing
efforts to protect the species, we have
SUMMARY:
E:\FR\FM\18APP1.SGM
18APP1
Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Proposed Rules]
[Pages 23208-23209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9324]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1108 and 1109
[STB Docket No. EP 699]
Assessment of Mediation and Arbitration Procedures
AGENCY: Surface Transportation Board.
ACTION: Supplemental Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board has proposed regulations that
would require Class I and Class II rail carriers to participate in the
Board's arbitration program, unless they file a prior written notice
with the Board on an annual basis opting out of the program. By
contrast, Class III rail carriers wishing to participate in the Board's
arbitration program could file a request for arbitration with the Board
under this docket at any time, or could voluntarily agree to
participate in arbitration on a case-by-case basis. A shipper wishing
to participate in the Board's arbitration program could so inform the
Board on a case-by-case basis following the filing of a complaint.
Pursuant to the Paperwork Reduction Act and Office of Management and
Budget regulations, the Board now seeks comments regarding certain
information pertaining to the proposed arbitration rules.
DATES: Comments are due by June 18, 2012.
ADDRESSES: Comments may be submitted either via the Board's e-filing
process or in the traditional paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at https://www.stb.dot.gov.
Any person submitting a filing in the traditional paper format should
send an original and 10 copies to: Surface Transportation Board, Attn:
Docket No. EP 699, 395 E Street SW., Washington, DC 20423-0001. Copies
of written comments received by the Board will be posted to the Board's
Web site at https://www.stb.dot.gov and will be available for viewing
and self-copying in the Board's Public Docket Room, Suite 131, 395 E
Street SW., Washington, DC. Copies of the comments will also be
available by contacting the Board's Chief Records Officer by telephone
at (202) 245-0236 or by mail at 395 E Street SW., Washington, DC 20423-
0001.
FOR FURTHER INFORMATION CONTACT: Virginia Strasser at (202) 245-0275.
(Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.)
SUPPLEMENTARY INFORMATION: By Notice of Proposed Rulemaking in
Assessment of Mediation and Arbitration Procedures, EP 699 (STB served
Mar. 28, 2012),\1\ the Surface Transportation Board has proposed
regulations that would require Class I and Class II rail carriers to
participate in the Board's arbitration program, unless they file a
prior written notice with the Board on an annual basis opting out of
the program. Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. (PRA), and Office of Management and Budget (OMB) regulations at 5
CFR 1320.8(d)(3), the Board now seeks comments regarding: (1) Whether
the particular collection of information described below and in greater
detail at 77 FR 19,591 is necessary for the proper performance of the
functions of the Board, including whether the collection has practical
utility; (2) the accuracy of the Board's burden estimates; (3) ways to
enhance the quality, utility, and clarity of the information collected;
and (4) ways to minimize the burden of the collection of information on
the respondents, including the use of automated collection techniques
or
[[Page 23209]]
other forms of information technology, when appropriate.
---------------------------------------------------------------------------
\1\ The Notice of Proposed Rulemaking was published in the
Federal Register on April 2, 2012. (77 FR 19,591).
---------------------------------------------------------------------------
The Board favors the resolution of disputes through the use of
mediation and arbitration procedures, in lieu of formal Board
proceedings, wherever possible. To that end, the Board has existing
rules that encourage parties to agree voluntarily to mediate or
arbitrate certain matters subject to its jurisdiction. The Board's
mediation rules are set forth at 49 CFR 1109.1, 1109.3, 1109.4, 1111.2,
1111.9, and 1111.10. Its arbitration rules are set forth at 49 CFR
1108, 1109.1, 1109.2, 1109.3, and 1115.8. The proposed modifications to
the Board's existing rules are intended to increase the use of
mediation and arbitration in lieu of formal adjudication to resolve
disputes before the Board.
The proposed changes to the mediation rules do not impose a new
information collection on the public. Rather, the proposed changes to
the existing mediation rules would establish procedures under which the
Board could compel mediation in certain types of adjudications before
the Board, on a case-specific basis, as well as grant mediation
requests of parties to disputes.
The proposed changes to the arbitration rules, however, do impose a
new information collection with regard to rail carriers. Class I and
Class II carriers would be deemed to have agreed voluntarily to
participate in the Board's proposed arbitration program unless they
``opt out.'' To opt out, any such carrier would be required to file a
notice with the Board, under Docket No. EP 699, notifying the Board of
its opt-out decision, no later than 20 days after this proposed rule
took effect. Any such carrier not submitting a notice by this deadline
would be deemed to be a participant in the Board's arbitration program.
Should the proposed rules take effect, a Class I or Class II carrier
wishing to opt out of the Board's arbitration program would be required
to file an opt-out notice with the Board no later than January 10 of
each calendar year. Such carriers not opting out by this deadline would
become participants in the Board's proposed arbitration program during
that calendar year. Participating carriers could also opt out of the
arbitration program at any time by providing 90 days' notice to the
Board. Class I and Class II carriers that had opted out would be able
to opt back into the proposed arbitration program at any time by filing
a notice with the Board that would take effect immediately. They could
also participate in arbitration on a case-by-case basis.
In contrast, Class III rail carriers would not be deemed to have
agreed to participate in the proposed arbitration program unless they
were to opt in by filing a written notice in Docket No. EP 699, so
informing the Board. Such notice could be filed at any time and would
take effect immediately. A Class III carrier would remain a participant
in the proposed arbitration program thereafter unless it were to file
an opt-out notice with the Board. Such notice would take effect 90 days
after filing. Like Class I and Class II carriers, Class III carriers
could also voluntarily agree to participate in arbitration on a case-
by-case basis.
Shippers would choose to participate in arbitration of the proposed
program-eligible disputes on a case-by-case basis following the filing
of a complaint whose subject matter would be arbitration program-
eligible under the proposed rule.
This proposed rule, which is detailed in the Board's decision and
Federal Register notice referenced above is being submitted to OMB for
review as required under the PRA, 44 U.S.C. 3507(d), and 5 CFR 1320.11.
List of Subjects
49 CFR Part 1108
Administrative practice and procedure, Railroads.
49 CFR Part 1109
Administrative practice and procedure, Maritime carriers, Motor
carriers, Railroads.
Decided: April 13, 2012.
Jeffrey Herzig,
Clearance Clerk.
Appendix A
The additional information below is included to assist those who
may wish to submit comments pertinent to review under the Paperwork
Reduction Act:
Description of Collection
Title: Assessment of Mediation and Arbitration Procedures.
OMB Control Number: 2140-XXXX.
STB Form Number: None.
Type of Review: New collection.
Respondents: Class I, Class II, and Class III railroads.
Number of Respondents: A maximum of 650.
Estimated Time per Response: 1.0 hour.
Frequency: Annually.
Total Burden Hours (annually including all potential respondents):
650 hours.
Total ``Non-Hour Burden'' Cost: None identified.
Needs and Uses: Under 49 U.S.C. 721(a), the Board has the authority
to prescribe regulations to carry out its statutory authority. The
proposed information collection is intended to encourage greater use of
arbitration as a means to resolve certain types of disputes before the
Board, by establishing an arbitration program in which Class I and
Class II rail carriers would agree in advance to participate in binding
arbitration of those disputes unless they file an opt-out notice with
the Board on an annual basis. Class III rail carriers may inform the
Board of their interest in participating in this arbitration program by
filing an opt-in notice at any time. Failure to collect this
information would impede the Board's ability to establish the proposed
arbitration program. The Board has authority to collect information
from rail carriers under 49 U.S.C. 11145(a).
Retention Period: Information in this report will be maintained on
the Board's Web site for a minimum of one year and will be otherwise
maintained by the Board for a minimum of two years.
[FR Doc. 2012-9324 Filed 4-17-12; 8:45 am]
BILLING CODE 4915-01-P