Notice and Request for Comments, 42552-42553 [2012-17615]

Download as PDF 42552 Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Notices RECORD SOURCE CATEGORIES: 1. CMV crash and inspection records: All commercial driver crash and inspection data in PSP is received from a monthly MCMIS data extract. The MCMIS SORN identifies the source(s) of the information in MCMIS. (FMCSA modified the MCMIS SORN to describe the system’s sharing of PII with the Driver Information Resource and PSP systems. See 74 FR 66391, December 15, 2009). All DOT SORNs may be found at www.dot.gov/privacy. 2. Access transaction records: An audit trail of those entities or persons that accessed the PSP (i.e. authorized motor carriers, authorized industry service providers, or validated operatorapplicants) is automatically created when requests are initiated and when data is released by the Service Provider. These records are internal documents to be used by the Service Provider and FMCSA for auditing, monitoring and compliance purposes. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Issued in Washington, DC on July 13, 2012. Claire W. Barrett, Departmental Privacy Officer. [FR Doc. 2012–17597 Filed 7–18–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Notice and Request for Comments Surface Transportation Board. 30-day notice of request for approval: Statutory Licensing and Consolidation Authority. AGENCY: ACTION: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3519 (PRA), the Surface Transportation Board (STB or Board) gives notice that it has submitted a request to the Office of Management and Budget (OMB) for SUMMARY: approval of the information collection required from those seeking licensing authority under 49 U.S.C. 10901–03 and consolidation authority under §§ 11323– 26. Under these Title 49 provisions, rail carriers and non-carriers are required to file an application with the Board, or seek an exemption (through petition or notice) from the full application process under § 10502, before they may construct, acquire, or operate a line of railroad; abandon or discontinue operations over a line of railroad; or consolidate their interests through a merger or common-control arrangement. The Board previously published a notice about this collection in the Federal Register on December 12, 2011, at 76 FR 77312–14 (60-day notice). That notice allowed for a 60-day public review and comment period. No comments were received. The information collection for which approval is sought is described in detail below. Comments may now be submitted to OMB concerning: (1) The accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Description of Collection Title: Statutory Licensing and Consolidation Authority. OMB Control Number: 2140–00##. STB Form Number: None. Type of Review: Existing collection in use without an OMB control number. Respondents: Rail carriers and noncarriers seeking statutory licensing or consolidation authority or an exemption from filing an application for such authority. Number of Respondents: 106.1 Estimated Time per Response: Between 5 hours and 300 hours, depending on the type of request and complexity of the circumstances surrounding request for authority (based on actual survey of respondents). Frequency: On occasion. TABLE—NUMBER OF RESPONSES IN FY 2011 Number of filings under 49 U.S.C. 10901–03 and 11323–26 Type of filing Applications ................ Petitions* ..................... Notices* ...................... 3 18 156 * Under § 10502, petitions for exemption and notices of exemption are permitted in lieu of an application. Total Burden Hours (annually including all respondents): 4,317 hours (sum total of estimated hours per response × number of responses for each type of filing). TABLE—ESTIMATED HOURS PER RESPONSE Number of hours per response under 49 U.S.C. 10901–03 and 11323–26 Type of filing Applications 2 .................. Petitions* ......................... Notices* .......................... 524 58 19 * Under § 10502, petition for exemptions and notices of exemption are permitted in lieu of an application. Total ‘‘Non-hour Burden’’ Cost (such as filing fees): $669,950 (Sum of estimated ‘‘non-hour burden’’ cost per response × Number of Responses for each statutory section and type of filing).3 TABLE—ESTIMATED ‘‘NON-HOUR BURDEN’’ COST PER RESPONSE § 10901 Applications Filing Fees ................................ emcdonald on DSK67QTVN1PROD with NOTICES Type of Cost Extension, Acquisition, etc.—$7,200 ............ Construction—$74,500 ................................. 1 In Fiscal Year (FY) 2011, there were 177 filings under 49 U.S.C. 10901–03 and 11323–26. See Table—Number of Responses in FY 2011. However, approximately 40% of the filings were additional filings submitted by railroads that had already submitted filings during the time period. Therefore, the number of respondents is approximately 40% less than the number of filings. 2 Because most respondents seek authority under the Board’s expedited exemption process, rather than the more burdensome application process, the VerDate Mar<15>2010 15:07 Jul 18, 2012 Jkt 226001 § 10902 sample size for applications filed under §§ 10901– 03 and 11323–26 is small. For example, under these provisions, only 3 applications were filed with the Board during the FY 2011, all of which were reported by the industry as routine and noncontroversial. In the 60-day notice, the Board reported these numbers as they were provided by industry, explaining in a footnote that the available survey data appeared to understate the substantial time and cost often associated with the application process. Since that time, the Board has compiled PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 § 10903 $6,200 $22,100 §§ 11323–26 Major—$1,488,500 Significant—$297,700 Minor—$7,500 additional data and has adjusted the burden hours for applications to reflect the addition to the sample of a traditionally larger application that was filed in FY 2010. Thus, the hourly burden per application has been increased to more accurately reflect the differences among the types of filings. 3 Because filing fees may vary within a particular statutory section, an average filing fee was used (except for applications under §§ 11323–26, where only minor transactions were filed in FY 2011). E:\FR\FM\19JYN1.SGM 19JYN1 42553 Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Notices TABLE—ESTIMATED ‘‘NON-HOUR BURDEN’’ COST PER RESPONSE—Continued Type of Cost § 10901 Petitions* Filing Fees .................................... Extension, Acquisition, etc.—$12,500 .......... Construction—$74,500 ................................. $1,800 ........................................................... $450 .............................................................. Notices* Filing Fees ...................................... Other Costs (i.e., copying and mailing) ........ § 10902 § 10903 §§ 11323–26 $6,600 $6,300 $6,600—$9,300 1,800 450 3,600 450 $1,100—$2,400 $450 * Under § 10502, petition for exemptions and notices of exemption are permitted in lieu of an application. Needs and Uses: Under the Interstate Commerce Act, persons seeking to construct, acquire or operate a line of railroad, and railroads seeking to abandon or to discontinue operations over a line of railroad or, in the case of two or more railroads, to consolidate their interests through merger or a common-control arrangement are required to file an application for prior approval and authority with the Board. See 49 U.S.C. 10901–03 and 11323–26. Under 49 U.S.C. 10502, persons may seek an exemption from many of the application requirements of §§ 10901– 03 and 11323–26 by filing with the Board a petition for exemption or notice of exemption in lieu of an application. The collection by the Board of these applications, petitions, and notices enables the Board to meet its statutory duty to regulate the referenced rail transactions. DATES: Comments on this information collection should be submitted by August 15, 2012. ADDRESSES: Written comments should be identified as ‘‘Paperwork Reduction Act Comments, Surface Transportation Board, Statutory Licensing and Consolidation Authority.’’ These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Patrick Fuchs, Surface Transportation Board Desk Officer, by fax at (202) 395–5167; by mail at OMB, Room 10235, 725 17th Street NW., Washington, DC 20500; or by email at OIRA_SUBMISSION @OMB.EOP.GOV. FOR FURTHER INFORMATION CONTACT: Marilyn Levitt, (202) 245–0269. [Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339.] Relevant STB regulations are referenced below and may be viewed on the STB’s Web site under E-Library > Reference: STB Rules, <https://www.stb.dot.gov/stb/ elibrary/ref_stbrules.html>. Under §§ 10901–03 and 11323–26, an application is required to seek authority under these sections, unless an applicant receives an exemption under 49 U.S.C. 10502. Respondents seeking such authority from the Board must submit certain information required under the Board’s related regulations. The table below shows the statutory and regulatory provisions under which the Board requires the information collection that are the subject of this notice. SUPPLEMENTARY INFORMATION: TABLE—STATUTORY AND REGULATORY PROVISIONS Certificate required Statutory provision emcdonald on DSK67QTVN1PROD with NOTICES Construct, Acquire, or Operate Railroad Lines .................................................... Short Line purchases by Class II and Class III Rail Carriers .............................. Abandonments and Discontinuances ................................................................... Railroad Acquisitions, Trackage Rights, and Leases .......................................... Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(b) of the PRA, Federal agencies are required to provide, concurrent with an agency’s submitting a collection to OMB for approval, a 30-day notice and comment period, through publication in the Federal Register, concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: July 16, 2012. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–17615 Filed 7–18–12; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 17:29 Jul 18, 2012 Jkt 226001 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. 10901 ................................... 10902 ................................... 10903 ................................... 11323–26 ............................. DEPARTMENT OF THE TREASURY Fiscal Service Surety Companies Acceptable on Federal Bonds—Termination and Merger: Harleysville Mutual Insurance Company (NAIC #14168) Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: This is Supplement No. 22 to the Treasury Department Circular 570, 2011 Revision, published July 1, 2011, at 76 FR 38892. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Certificate of Authority issued by the Treasury to the above-named company under 31 U.S.C. 9305 to qualify as acceptable surety on SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Regulations 49 49 49 49 CFR CFR CFR CFR part. 1150. 1150.41–45. part. 1152. part. 1180. Federal bonds has been terminated. The above-named company merged with and into Nationwide Mutual Insurance Company (NAIC #23787) effective May 1, 2012. The surviving corporation of the merger activity is Nationwide Mutual Insurance Company (NAIC #23787), an Ohio domiciled corporation. Federal bond-approving officials should annotate their reference copies of the Treasury Department Circular 570 (‘‘Circular’’), 2011 Revision, to reflect this change. In the event bond-approving officers have questions relating to bonds issued by the above-named company, they should contact Nationwide Mutual Insurance Company at (614) 249–7111. The Circular may be viewed and downloaded through the Internet at www.fms.treas.gov/c570. Questions concerning this notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42552-42553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17615]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

Notice and Request for Comments

AGENCY: Surface Transportation Board.

ACTION: 30-day notice of request for approval: Statutory Licensing and
Consolidation Authority.

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

SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C.
3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives
notice that it has submitted a request to the Office of Management and
Budget (OMB) for approval of the information collection required from
those seeking licensing authority under 49 U.S.C. 10901-03 and
consolidation authority under Sec. Sec. 11323-26. Under these Title 49
provisions, rail carriers and non-carriers are required to file an
application with the Board, or seek an exemption (through petition or
notice) from the full application process under Sec. 10502, before
they may construct, acquire, or operate a line of railroad; abandon or
discontinue operations over a line of railroad; or consolidate their
interests through a merger or common-control arrangement. The Board
previously published a notice about this collection in the Federal
Register on December 12, 2011, at 76 FR 77312-14 (60-day notice). That
notice allowed for a 60-day public review and comment period. No
comments were received.
The information collection for which approval is sought is
described in detail below. Comments may now be submitted to OMB
concerning: (1) The accuracy of the Board's burden estimates; (2) ways
to enhance the quality, utility, and clarity of the information
collected; (3) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology, when
appropriate; and (4) whether this collection of information is
necessary for the proper performance of the functions of the Board,
including whether the collection has practical utility.

Description of Collection

Title: Statutory Licensing and Consolidation Authority.
OMB Control Number: 2140-00.
STB Form Number: None.
Type of Review: Existing collection in use without an OMB control
number.
Respondents: Rail carriers and non-carriers seeking statutory
licensing or consolidation authority or an exemption from filing an
application for such authority.
Number of Respondents: 106.\1\
---------------------------------------------------------------------------

\1\ In Fiscal Year (FY) 2011, there were 177 filings under 49
U.S.C. 10901-03 and 11323-26. See Table--Number of Responses in FY
2011. However, approximately 40% of the filings were additional
filings submitted by railroads that had already submitted filings
during the time period. Therefore, the number of respondents is
approximately 40% less than the number of filings.
---------------------------------------------------------------------------

Estimated Time per Response: Between 5 hours and 300 hours,
depending on the type of request and complexity of the circumstances
surrounding request for authority (based on actual survey of
respondents).
Frequency: On occasion.

Table--Number of Responses in FY 2011
------------------------------------------------------------------------
Number of filings
Type of filing under 49 U.S.C.
10901-03 and 11323-
--------------------------------------------------------------26--------
Applications....................................... 3
Petitions*......................................... 18
Notices*........................................... 156
------------------------------------------------------------------------
* Under Sec. 10502, petitions for exemption and notices of exemption
are permitted in lieu of an application.

Total Burden Hours (annually including all respondents): 4,317
hours (sum total of estimated hours per response x number of responses
for each type of filing).
---------------------------------------------------------------------------

\2\ Because most respondents seek authority under the Board's
expedited exemption process, rather than the more burdensome
application process, the sample size for applications filed under
Sec. Sec. 10901-03 and 11323-26 is small. For example, under these
provisions, only 3 applications were filed with the Board during the
FY 2011, all of which were reported by the industry as routine and
noncontroversial. In the 60-day notice, the Board reported these
numbers as they were provided by industry, explaining in a footnote
that the available survey data appeared to understate the
substantial time and cost often associated with the application
process. Since that time, the Board has compiled additional data and
has adjusted the burden hours for applications to reflect the
addition to the sample of a traditionally larger application that
was filed in FY 2010. Thus, the hourly burden per application has
been increased to more accurately reflect the differences among the
types of filings.

Table--Estimated Hours per Response
------------------------------------------------------------------------
Number of hours
per response
Type of filing under 49 U.S.C.
10901-03 and
11323-26
------------------------------------------------------------------------
Applications \2\..................................... 524
Petitions*........................................... 58
Notices*............................................. 19
------------------------------------------------------------------------
* Under Sec. 10502, petition for exemptions and notices of exemption
are permitted in lieu of an application.

Total ``Non-hour Burden'' Cost (such as filing fees): $669,950 (Sum
of estimated ``non-hour burden'' cost per response x Number of
Responses for each statutory section and type of filing).\3\
---------------------------------------------------------------------------

\3\ Because filing fees may vary within a particular statutory
section, an average filing fee was used (except for applications
under Sec. Sec. 11323-26, where only minor transactions were filed
in FY 2011).

Table--Estimated ``Non-Hour Burden'' Cost Per Response
----------------------------------------------------------------------------------------------------------------
Type of Cost Sec. 10901 Sec. Sec. Sec. Sec. 11323-26
-----------------------------------------------------------10902--------10903-----------------------------------
Applications Filing Fees......... Extension, $6,200 $22,100 Major--$1,488,500
Acquisition, etc.-- Significant--$297,700
$7,200. Minor--$7,500
Construction--$74,5
00.

[[Page 42553]]

Petitions* Filing Fees........... Extension, $6,600 $6,300 $6,600--$9,300
Acquisition, etc.--
$12,500.
Construction--$74,5
00.
Notices* Filing Fees............. $1,800............. 1,800 3,600 $1,100--$2,400
Other Costs (i.e., copying and $450............... 450 450 $450
mailing).
----------------------------------------------------------------------------------------------------------------
* Under Sec. 10502, petition for exemptions and notices of exemption are permitted in lieu of an application.

Needs and Uses: Under the Interstate Commerce Act, persons seeking
to construct, acquire or operate a line of railroad, and railroads
seeking to abandon or to discontinue operations over a line of railroad
or, in the case of two or more railroads, to consolidate their
interests through merger or a common-control arrangement are required
to file an application for prior approval and authority with the Board.
See 49 U.S.C. 10901-03 and 11323-26. Under 49 U.S.C. 10502, persons may
seek an exemption from many of the application requirements of
Sec. Sec. 10901-03 and 11323-26 by filing with the Board a petition
for exemption or notice of exemption in lieu of an application. The
collection by the Board of these applications, petitions, and notices
enables the Board to meet its statutory duty to regulate the referenced
rail transactions.

DATES: Comments on this information collection should be submitted by
August 15, 2012.

ADDRESSES: Written comments should be identified as ``Paperwork
Reduction Act Comments, Surface Transportation Board, Statutory
Licensing and Consolidation Authority.'' These comments should be
directed to the Office of Management and Budget, Office of Information
and Regulatory Affairs, Attention: Patrick Fuchs, Surface
Transportation Board Desk Officer, by fax at (202) 395-5167; by mail at
OMB, Room 10235, 725 17th Street NW., Washington, DC 20500; or by email
at OIRA_SUBMISSION@OMB.EOP.GOV.

FOR FURTHER INFORMATION CONTACT: Marilyn Levitt, (202) 245-0269.
[Federal Information Relay Service (FIRS) for the hearing impaired:
(800) 877-8339.] Relevant STB regulations are referenced below and may
be viewed on the STB's Web site under E-Library > Reference: STB Rules,
<https://www.stb.dot.gov/stb/elibrary/ref_stbrules.html.

SUPPLEMENTARY INFORMATION: Under Sec. Sec. 10901-03 and 11323-26, an
application is required to seek authority under these sections, unless
an applicant receives an exemption under 49 U.S.C. 10502. Respondents
seeking such authority from the Board must submit certain information
required under the Board's related regulations. The table below shows
the statutory and regulatory provisions under which the Board requires
the information collection that are the subject of this notice.

Table--Statutory and Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Certificate required Statutory provision Regulations
----------------------------------------------------------------------------------------------------------------
Construct, Acquire, or Operate Railroad 49 U.S.C. 10901............. 49 CFR part. 1150.
Lines.
Short Line purchases by Class II and 49 U.S.C. 10902............. 49 CFR 1150.41-45.
Class III Rail Carriers.
Abandonments and Discontinuances......... 49 U.S.C. 10903............. 49 CFR part. 1152.
Railroad Acquisitions, Trackage Rights, 49 U.S.C. 11323-26.......... 49 CFR part. 1180.
and Leases.
----------------------------------------------------------------------------------------------------------------

Under the PRA, a Federal agency conducting or sponsoring a
collection of information must display a currently valid OMB control
number. A collection of information, which is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons
submit reports, keep records, or provide information to the agency,
third parties, or the public. Under Sec. 3506(b) of the PRA, Federal
agencies are required to provide, concurrent with an agency's
submitting a collection to OMB for approval, a 30-day notice and
comment period, through publication in the Federal Register, concerning
each proposed collection of information, including each proposed
extension of an existing collection of information.

Dated: July 16, 2012.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-17615 Filed 7-18-12; 8:45 am]
BILLING CODE 4915-01-P

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