Reports, Forms and Record Keeping Requirements, 54722-54723 [2013-21517]

Download as PDF 54722 Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Notices ehiers on DSK2VPTVN1PROD with NOTICES Answer. Surety bond and trust fund institutions should send their electronic notification of cancellation through: https://li-public.fmcsa.dot.gov. Question 9: Will existing surety bonds be cancelled and replaced by the new surety bonds? Alternatively, will the existing surety bonds remain in place and be revised by rider or endorsement? Answer. Pursuant to 49 CFR 387.307(a), a surety bond ‘‘for the full limits of liability prescribed’’ must be in effect before FMCSA will issue property broker or household goods broker operating authority. Riders/ endorsements are a permissible means of complying with the new $75,000 financial responsibility requirement, provided that a new BMC–84 form for the full limits of liability is on file with FMCSA. C. FMCSA Implementation and Enforcement Timelines Companies providing broker or freight forwarder services, including motor carriers, are required to obtain the appropriate operating authorities and, as of October 1, 2013, are required to meet the new minimum financial responsibility requirements. FMCSA will be providing a 60-day phase-in period beginning October 1, 2013, to allow the industry to complete all necessary filings. Beginning November 1, 2013, FMCSA will mail notifications to all brokers and freight forwarders that have not met the $75,000 minimum financial security requirement. FMCSA will provide 30 days advance notice before revoking the freight forwarder and broker operating authority registrations. FMCSA acknowledges there are motor carriers that occasionally broker loads that have not previously been required to obtain operating authority registration from FMCSA as brokers. However, FMCSA is unable to determine at this time how many motor carriers may be engaged in some brokering activities, making implementation of a comprehensive enforcement program difficult. Therefore, FMCSA will phase in its enforcement of the broker registration requirements for motor carriers that also broker loads. During the first phase-in period, FMCSA will accept complaints regarding unregistered brokerage activities of motor carriers through our National Consumer Complaint Database (see https://nccdb.fmcsa.dot.gov/). FMCSA will work with industry groups to use this complaint information and other data to ascertain the extent of the unlicensed broker population subset within the motor carrier industry. The agency will then work toward VerDate Mar<15>2010 14:10 Sep 04, 2013 Jkt 229001 developing a comprehensive enforcement program. FMCSA strongly encourages all motor carriers not to accept loads from unregistered brokers or freight forwarders, as these entities might not have the financial security mandated by MAP–21. FMCSA also notes that motor carriers brokering loads without properly registering with FMCSA as brokers may be subject to private civil actions pursuant to 49 U.S.C. 14707. Issued on: August 29, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–21539 Filed 9–4–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0088] Reports, Forms and Record Keeping Requirements National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of proposed extension, without change, of a currently approved collection of information. AGENCY: Before a Federal agency can collect certain information from the public, the agency must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. In compliance with the Paperwork Reduction Act of 1995, this notice describes one collection of information for which NHTSA intends to seek OMB approval, relating to confidential business information. DATES: Comments must be submitted on or before November 4, 2013. ADDRESSES: You may submit comments to the docket number identified in the heading of this document 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, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, SUMMARY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Regardless of how you submit your comments, please be sure to mention the docket number of this document and cite OMB Clearance No. 2127–0025, ‘‘49 CFR Part 512, Confidential Business Information.’’ You may call the Docket at 202–366– 9322. 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 discussion 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). FOR FURTHER INFORMATION CONTACT: For questions contact Nicholas Englund in the Office of the Chief Counsel at the National Highway Traffic Safety Administration, telephone (202) 366– 5263. Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must 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 regulations (at 5 CFR 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; and (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 SUPPLEMENTARY INFORMATION: E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Notices ehiers on DSK2VPTVN1PROD with NOTICES information technology, e.g., permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comment on the following extension of clearance for a currently approved collection of information: Confidential Business Information Type of Request—Extension of clearance. OMB Clearance Number—2127–0025. Form Number—This collection of information uses no standard forms. Requested Expiration Date of Approval—Three (3) years from the date of approval of the collection. Summary of the Collection of Information—Persons who submit information to the agency and seek to have the agency withhold some or all of that information from disclosure under the Freedom of Information Act (‘‘FOIA’’), 5 U.S.C. 552, must provide the agency with sufficient support that justifies the confidential treatment of that information. In addition, a request for confidential treatment must be accompanied by: (1) A complete copy of the submission; (2) a copy of the submission containing only those portions for which confidentiality is not sought with the confidential portions redacted; and (3) either a second complete copy of the submission or alternatively those portions of the submission that contain the information for which confidentiality is sought. Furthermore, the requestor must submit a completed certification as provided in 49 CFR part 512, Appendix A. See generally 49 CFR part 512 (NHTSA Confidential Business Information regulations). Part 512 ensures that information submitted under a claim of confidentiality is properly evaluated in an efficient manner under prevailing legal standards and, where appropriate, accorded confidential treatment. To facilitate the evaluation process, in their requests for confidential treatment, submitters of information may make reference to certain limited classes of information that are presumptively treated as confidential, such as blueprints and engineering drawings, future specific model plans (under limited conditions), and future vehicle production or sales figures for specific models (under limited conditions). Further, most early warning reporting (EWR) data are confidential under class determinations provided in 49 CFR part 512, with the exception of information on death, injury, and property damage claims and notices, which would be handled on an individual basis according to the procedures of part 512 VerDate Mar<15>2010 14:10 Sep 04, 2013 Jkt 229001 and are, therefore, covered by this notice. 72 FR 59434 (Oct. 19, 2007). Description of the Need for the Information and Use of the Information—NHTSA receives confidential information for use in its activities, which include investigations, rulemaking actions, program planning and management, and program evaluation. The information is needed to ensure the agency has sufficient relevant information for decisionmaking in connection with these activities. Some of this information is submitted voluntarily, as in rulemaking, and some is submitted in response to compulsory information requests, as in investigations. Description of the Likely Respondents, Including Estimated Number and Proposed Frequency of Response to the Collection of Information—This collection of information applies to entities that submit to the agency information that the entities wish to have withheld from disclosure under the FOIA. Thus, the collection of information applies to entities that are subject to laws administered by the agency or agency regulations and are under an obligation to provide information to the agency. It also includes entities that voluntarily submit information to the agency. Such entities would include manufacturers of motor vehicles and of motor vehicle equipment. Importers are considered to be manufacturers. It may also include other entities that are involved with motor vehicles or motor vehicle equipment but are not manufacturers. Estimate of the Total Annual Reporting and Recordkeeping Burdens Resulting from the Collection of Information—3680 hours. The agency receives requests for confidential treatment that vary in size from requests that ask the agency to withhold as little as a portion of one page to multiple boxes of documents. NHTSA estimates that it will take on average approximately eight (8) hours for an entity to prepare a submission requesting confidential treatment. This estimate will vary based on the size of the submission, with smaller and voluntary submissions taking considerably less time to prepare. The agency based this estimate on the volume of requests received over the past three years. NHTSA estimates that it will receive approximately 460 requests for confidential treatment annually. This figure is based on the average number of requests received over the past three years. We selected this period because it provides an estimate based on incoming requests for the most recent PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 54723 three years. The agency estimates that the total burden for this information collection will be approximately 3680 hours, which is based on the number of requests (460) multiplied by the estimated number of hours to prepare each submission (8 hours). Since nothing in the rule requires those persons who request confidential treatment pursuant to part 512 to keep copies of any records or requests submitted to us, recordkeeping costs imposed would be zero hours and zero costs. Authority: 44 U.S.C. 3506; delegation of authority at 49 CFR 1.95. Issued in Washington, DC, under authority delegated in 49 CFR part 1.95. O. Kevin Vincent, Chief Counsel. [FR Doc. 2013–21517 Filed 9–4–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Request for Comment National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of the OMB review of information collection and solicitation of public comment. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review. The ICR describes the nature of the information collection and its expected burden. A Federal Register Notice with a 60-day comment period soliciting public comments on the following information collection was published on April 22, 2013 (Federal Register/Vol. 78, No. 77/pp. 23824– 23825). SUMMARY: Submit comments to the Office of Management and Budget (OMB) on or before October 7, 2013. FOR FURTHER INFORMATION CONTACT: Dr. Kathy Sifrit at the National Highway Traffic Safety Administration, Office of Behavioral Safety Research (NTI–132), W46–472, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. Dr. Sifrit’s phone number is 202–366–0868 DATES: E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54722-54723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21517]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0088]


Reports, Forms and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed extension, without change, of a currently 
approved collection of information.

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

SUMMARY: Before a Federal agency can collect certain information from 
the public, the agency must receive approval from the Office of 
Management and Budget (OMB). Under procedures established by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before 
seeking OMB approval, Federal agencies must solicit public comment on 
proposed collections of information, including extensions and 
reinstatements of previously approved collections. In compliance with 
the Paperwork Reduction Act of 1995, this notice describes one 
collection of information for which NHTSA intends to seek OMB approval, 
relating to confidential business information.

DATES: Comments must be submitted on or before November 4, 2013.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document 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, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern 
Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, please be sure to 
mention the docket number of this document and cite OMB Clearance No. 
2127-0025, ``49 CFR Part 512, Confidential Business Information.''
    You may call the Docket at 202-366-9322.
    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 discussion 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).

FOR FURTHER INFORMATION CONTACT: For questions contact Nicholas Englund 
in the Office of the Chief Counsel at the National Highway Traffic 
Safety Administration, telephone (202) 366-5263.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must 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 regulations (at 5 CFR 
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; and
    (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

[[Page 54723]]

information technology, e.g., permitting electronic submission of 
responses.
    In compliance with these requirements, NHTSA asks for public 
comment on the following extension of clearance for a currently 
approved collection of information:

Confidential Business Information

    Type of Request--Extension of clearance.
    OMB Clearance Number--2127-0025.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three (3) years from the 
date of approval of the collection.
    Summary of the Collection of Information--Persons who submit 
information to the agency and seek to have the agency withhold some or 
all of that information from disclosure under the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, must provide the agency with 
sufficient support that justifies the confidential treatment of that 
information. In addition, a request for confidential treatment must be 
accompanied by: (1) A complete copy of the submission; (2) a copy of 
the submission containing only those portions for which confidentiality 
is not sought with the confidential portions redacted; and (3) either a 
second complete copy of the submission or alternatively those portions 
of the submission that contain the information for which 
confidentiality is sought. Furthermore, the requestor must submit a 
completed certification as provided in 49 CFR part 512, Appendix A. See 
generally 49 CFR part 512 (NHTSA Confidential Business Information 
regulations).
    Part 512 ensures that information submitted under a claim of 
confidentiality is properly evaluated in an efficient manner under 
prevailing legal standards and, where appropriate, accorded 
confidential treatment. To facilitate the evaluation process, in their 
requests for confidential treatment, submitters of information may make 
reference to certain limited classes of information that are 
presumptively treated as confidential, such as blueprints and 
engineering drawings, future specific model plans (under limited 
conditions), and future vehicle production or sales figures for 
specific models (under limited conditions). Further, most early warning 
reporting (EWR) data are confidential under class determinations 
provided in 49 CFR part 512, with the exception of information on 
death, injury, and property damage claims and notices, which would be 
handled on an individual basis according to the procedures of part 512 
and are, therefore, covered by this notice. 72 FR 59434 (Oct. 19, 
2007).
    Description of the Need for the Information and Use of the 
Information--NHTSA receives confidential information for use in its 
activities, which include investigations, rulemaking actions, program 
planning and management, and program evaluation. The information is 
needed to ensure the agency has sufficient relevant information for 
decision-making in connection with these activities. Some of this 
information is submitted voluntarily, as in rulemaking, and some is 
submitted in response to compulsory information requests, as in 
investigations.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information--
This collection of information applies to entities that submit to the 
agency information that the entities wish to have withheld from 
disclosure under the FOIA. Thus, the collection of information applies 
to entities that are subject to laws administered by the agency or 
agency regulations and are under an obligation to provide information 
to the agency. It also includes entities that voluntarily submit 
information to the agency. Such entities would include manufacturers of 
motor vehicles and of motor vehicle equipment. Importers are considered 
to be manufacturers. It may also include other entities that are 
involved with motor vehicles or motor vehicle equipment but are not 
manufacturers.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting from the Collection of Information--3680 hours.
    The agency receives requests for confidential treatment that vary 
in size from requests that ask the agency to withhold as little as a 
portion of one page to multiple boxes of documents. NHTSA estimates 
that it will take on average approximately eight (8) hours for an 
entity to prepare a submission requesting confidential treatment. This 
estimate will vary based on the size of the submission, with smaller 
and voluntary submissions taking considerably less time to prepare. The 
agency based this estimate on the volume of requests received over the 
past three years.
    NHTSA estimates that it will receive approximately 460 requests for 
confidential treatment annually. This figure is based on the average 
number of requests received over the past three years. We selected this 
period because it provides an estimate based on incoming requests for 
the most recent three years. The agency estimates that the total burden 
for this information collection will be approximately 3680 hours, which 
is based on the number of requests (460) multiplied by the estimated 
number of hours to prepare each submission (8 hours).
    Since nothing in the rule requires those persons who request 
confidential treatment pursuant to part 512 to keep copies of any 
records or requests submitted to us, recordkeeping costs imposed would 
be zero hours and zero costs.

    Authority:  44 U.S.C. 3506; delegation of authority at 49 CFR 
1.95.

    Issued in Washington, DC, under authority delegated in 49 CFR 
part 1.95.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2013-21517 Filed 9-4-13; 8:45 am]
BILLING CODE 4910-59-P