Proposed Agency Information Collection Activities; Comment Request, 59891-59893 [2014-23511]
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Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Notices
b. Deal in or exercise any right,
power, or privilege with respect to such
property; or
c. Conduct any transactions involving
such property.
5. Foreign Exchange Transactions.
Transactions in foreign exchange that
are subject to the jurisdiction of the
United States in which Goldentex FZE
has any interest are prohibited.
The sanctions described above with
respect to Dettin SpA and Goldentex
FZE shall remain in effect until
otherwise directed pursuant to the
provisions of ISA, IFCA, or other
applicable authority. Pursuant to the
authority delegated to the Secretary of
State in the ISA and IFCA Delegation
Memoranda, relevant agencies and
instrumentalities of the United States
Government shall take all appropriate
measures within their authority to carry
out the provisions of this notice. The
Secretary of the Treasury is taking
appropriate action to implement the
sanctions for which authority has been
delegated to the Secretary of the
Treasury pursuant to the Delegation
Memorandum and Executive Order
13574 of May 23, 2011.
The following constitutes a current
list, as of this date, of persons on whom
ISA sanctions have been imposed. The
particular sanctions imposed on an
individual person are identified in the
relevant Federal Register Notice.
• Belarusneft (see Public Notice 7408,
76 FR 18821, April 5, 2011).
• BimehMarkazi-Central Insurance of
Iran (see Public Notice 8268, 76 FR
21183, April 9, 2013).
• Cambis, Dimitris (see Public Notice
8268, 76 FR 21183, April 9, 2013).
• Dettin SpA.
• FAL Oil Company Limited (see
Public Notice 7776, 77 FR 4389, Jan. 27,
2012).
• Ferland Company Limited (see
Public Notice 8352, 78 FR 35351, June
12, 2013).
• Goldentex FZE.
• Impire Shipping (see Public Notice
8268, 76 FR 21183, April 9, 2013).
• Jam Petrochemical Company (see
Public Notice 8352, 78 FR 35351, June
12, 2013).
• Kish Protection and Indemnity
(a.k.a. Kish P&I) (see Public Notice 8268,
76 FR 21183, April 9, 2013).
• Kuo Oil (S) Pte. Ltd. (see Public
Notice 7776, 77 FR 4389, Jan. 27, 2012).
• NaftiranIntertrade Company (a.k.a.
NICO) (see Public Notice 7197, 75 FR
62916, Oct. 13, 2010).
• Niksima Food and Beverage JLT
(see Public Notice 8352, 78 FR 35351,
June 12, 2013).
• Petrochemical Commercial
Company International (a.k.a. PCCI) (see
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18:08 Oct 02, 2014
Jkt 235001
Public Notice 7585, 76 FR 56866,
September 14, 2011).
´
• Petroleos de Venezuela S.A. (a.k.a.
PDVSA) (see Public Notice 7585, 76 FR
56866, September 14, 2011).
• Royal Oyster Group (see Public
Notice 7585, 76 FR 56866, September
14, 2011).
• Speedy Ship (a.k.a. SPD) (see Public
Notice 7585, 76 FR 56866, September
14, 2011).
• Sytrol (see Public Notice 8040, 77
FR 59034, September 25, 2012).
• Zhuhai Zhenrong Company (see
Public Notice 7776, 77 FR 4389, Jan. 27,
2012).
Charles H. Rivkin,
Assistant Secretary for Economic and
Business Affairs.
[FR Doc. 2014–23626 Filed 10–2–14; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2014–0011–N–18]
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, this
notice announces that the Information
Collection Request (ICR) abstracted
below requesting regular review is being
forwarded to the Office of Management
and Budget (OMB) for review and
comment. The ICR describes the nature
of the information collection and its
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on June 30, 2014 (79 FR 36860).
DATES: Comments must be submitted on
or before November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., 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., Mail Stop 35, Washington, DC
20590 (Telephone: (202) 493–6132).
(These telephone numbers are not tollfree.)
SUMMARY:
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59891
The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, sec. 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 June 30, 2014,
FRA published a 60-day notice in the
Federal Register soliciting comments on
the ICR for which the agency is seeking
OMB approval. See 79 FR 36860. The
ICR relates to the Emergency Order (EO)
issued on May 7, 2014, by the Secretary
of Transportation (Docket No. DOT–
OST–2014–0067). The EO requires
affected railroad carriers to provide
certain information to the State
Emergency Response Commissions
(SERCs) for each State in which they
operate individual trains carrying 1
million gallons or more of petroleum
crude oil sourced from the Bakken shale
formation in the Williston Basin
(Bakken crude oil). FRA received one
comment in response to its 60-day
notice.
On August 29, 2014, FRA received a
joint comment from the Association of
American Railroads (AAR) and the
American Short Line and Regional
Railroad Association (ASLRRA)
(Commenters). The Commenters raised
three main points. First, the
Commenters assert that the crude oil
routing information the EO requires
railroads to provide to SERCs is
sensitive information from a security
perspective and should only be
available to persons with a need-toknow the information (e.g., emergency
responders and emergency response
planners). Second, the Commenters
assert that the same information is
commercially-sensitive information that
should remain confidential and not be
publically available. Finally, the
Commenters assert that the EO is not
serving a useful purpose as the
information required by the EO to be
provided to the SERCs is already
provided to emergency responders
through AAR Circular OT–55–N. See
AAR, ‘‘Circular OT–55–N:
Recommended Railroad Operating
Practices For Transportation of
Hazardous Materials,’’ (Aug. 5, 2013)
(OT–55). The Commenters specifically
suggest that the EO ‘‘be withdrawn
because it has resulted in information
confidential from security, safety, and
business perspectives being made
public and because the objective of the
emergency order, informing government
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Notices
officials of the transportation of Bakken
crude oil through their jurisdictions,
was already being met, and would
continue to be met, if the EO is
withdrawn.’’ AAR and ASLRRA
continued:
The EO requires that railroads make crude
oil routing information available to [SERCs].
Specifically, the EO requires that a railroad
provide to the SERC in each state in which
it operates trains transporting 1,000,000
gallons or more of Bakken crude oil
information on the number of such trains
traveling per week through each county and
the routes over which the trains operate.
While AAR and ASLRRA do not believe it
was DOT’s intention, the EO resulted in the
information required to be disclosed by the
EO to be made publicly available. Such a
result is hardly a necessary consequence of
informing government officials of the
transportation of Bakken crude oil through
their jurisdictions. Railroads were already
informing government officials of the
hazardous materials transported through
their communities pursuant to AAR’s
circular governing operating practices for the
transportation of hazardous materials, OT–
55.1
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In their comment, AAR and ASLRRA
further remarked:
Unfortunately, in so far as confidentiality
is concerned, the result of the EO has proven
inconsistent with DOT’s intent. Since SERCs
in many states have contended they have no
choice but to make the routing information
public because of the laws governing SERCs,
the SERCs have refused to keep crude oil
routing information confidential.
The EO is not needed to provide
emergency responders with notice that crude
oil shipments are being transported through
their communities because railroads have
been providing that information for many
years. OT–55 provides that railroads will give
emergency response agencies and planning
groups information on the hazardous
materials transported through their
communities. Class I railroads and short lines
have notified communities as provided by
OT–55.
For emergency response planning
purposes, there is no need to disclose the
actual route taken by a crude oil train.
Notifying an emergency responder of the
hazardous materials transported through the
community, including crude oil, is sufficient.
Railroading is a highly competitive
business. A railroad’s traffic is susceptible to
competing railroads and competing modes.
As is the case with any company engaged in
a competitive business, railroads keep their
customers confidential to the extent possible.
Forced disclosure of routing information
provides a means for competitors to ascertain
a railroad’s customers and constitutes the
disclosure of confidential commercial
information.
1 OT–55 provides that AAR members will provide
emergency response agencies or emergency
response planning groups with ‘‘commodity flow
information covering at a minimum the top 25
hazardous commodities transported through the
community in rank order.’’
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Although DOT and FRA in particular,
recognize the Commenters concerns
relating to the potential confidentiality
of the information required to be
provided under the EO, DOT notes that
the information does not fall into any of
the fifteen categories of Sensitive
Security Information (SSI) defined by
either DOT or Transportation Security
Administration (TSA) regulations. See
49 CFR parts 15 and 1520. Further, at
this time, DOT finds no basis to
conclude that the public disclosure of
the information is detrimental to
transportation safety. DOT has
consulted with the Department of
Homeland Security and TSA in making
this decision. Accordingly, the Secretary
of Transportation has not designated the
information as SSI.
The Commenters are correct in that
DOT’s intent in issuing the EO was not
to cause the widespread public
disclosure of the information, but rather
to ensure that emergency responders
have an understanding of the volume
and frequency with which Bakken crude
oil is transported through their
communities so that they can prepare
their response plans and resources
accordingly. DOT notes that the
Commenters do not document any
actual harm that has occurred by the
public release of the information
required to be provided to the States
under the EO. That being said, DOT
understands that railroads may have an
appropriate claim that the information
required to be provided to the SERCs
constitutes confidential business
information, but the merit of such
claims may differ by State depending on
each State’s open records and sunshine
laws. For these reasons, FRA concludes
that the information required to be
provided to the SERCs under the EO is
neither security-sensitive nor
commercially-sensitive information that
is protected by Federal law.
With regard to the Commenters’
assertion that the EO is not serving a
useful purpose as the information
required by the EO to be provided to the
States is already available to emergency
responders through OT–55, FRA notes
that there are important distinctions
between the information required to be
provided by railroads under the EO and
the nature and content of the
information provided pursuant to OT–
55. First, the railroad’s sharing of
information contemplated by OT–55 is
only voluntary. Second, the railroad’s
voluntary sharing of information under
OT–55 is only upon written request of
emergency response or emergency
planning groups. Third, the information
voluntarily shared pursuant to OT–55 is
‘‘commodity flow information’’ covering
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‘‘the top 25 hazardous commodities
transported through the community in
rank order.’’ Large quantities of Bakken
crude oil in single trains may or may not
be part of this top-25 commodity
ranking in any given community. In
contrast, by mandating in the EO that
railroads provide the identified
information on the transportation of
large quantities of Bakken crude oil to
States, the EO helps ensure that local
emergency responders have access to
that information. Further, the
information that the EO mandates
railroads to provide to States is very
specific, limited to one commodity
(Bakken crude oil), more detailed than
the information voluntarily shared
pursuant to OT–55, and specifically
designed to ensure that local emergency
responders are provided sufficient
information to confirm that they have an
understanding of the volume, route, and
frequency with which Bakken crude oil
is transported through their
jurisdictions so that they can prepare
emergency response plans and resources
accordingly. For these reasons, FRA
strongly disagrees with the Commenters’
assertion that the EO is not serving a
useful purpose.
Finally, DOT notes that a pending
Pipeline and Hazardous Materials Safety
Administration Notice of Proposed
Rulemaking (NPRM) proposes to codify
into Federal regulations the terms of the
EO. See 79 FR 45016 (Aug. 1, 2014). The
public comment period on this NPRM is
scheduled to close on September 30,
2014. It would be premature to change
the terms of the EO now and prohibit
the disclosure of the specified
information to SERCs before those terms
undergo full public scrutiny and
comment through the rulemaking
process.
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 to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
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Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Notices
The summary below describes the
nature of the ICR and the expected
burden. The revised request is being
submitted for clearance by OMB as
required by the PRA.
Title: Secretary of Transportation
Emergency Order Docket No. OST–
2014–0067.
OMB Control Number: 2130–0604.
Abstract: On May 7, 2014, the
Secretary of Transportation issued
Emergency Order Docket No. DOT–
OST–2014–0067 (EO), requiring affected
railroad carriers to provide certain
information to the State Emergency
Response Commissions (SERCs) for each
State in which their trains carrying 1
million gallons or more of Bakken crude
oil travel. This EO is available through
the Department’s public docket system
at www.regulations.gov, under Docket
No. DOT–OST–2014–0067. The EO took
effect immediately upon issuance,
although affected railroads were
permitted 30 days to provide the
required information to the SERCs. The
EO is the DOT’s direct and proactive
response to a recent series of train
accidents involving the transportation of
petroleum crude oil, a hazardous
material the transportation of which is
regulated by the DOT. The most recent
accident occurred on April 30, 2014,
when a train transporting petroleum
crude oil derailed in Lynchburg,
Virginia and released approximately
30,000 gallons of its contents into the
James River. Further, the EO explains
that, with the rising demand for rail
transportation of petroleum crude oil
throughout the United States, the risk of
rail incidents has increased
commensurate with the increase in the
volume of the material shipped and that
there have been several significant
derailments in both the U.S. and Canada
over the last several months causing
deaths and property and environmental
damage that involved petroleum crude
oil. DOT emergency orders are rare and
the EO itself describes the most recent
accidents and circumstances leading the
agency to issue the EO. The collection
of information included under this EO
is aimed at ensuring that railroads that
transport in a single train a large
quantity of petroleum crude oil (1
million gallons or more), particularly
crude oil from the Bakken shale
formation in the Williston Basin,
provide certain information to the
relevant SERCs in each State in which
the railroad operates such trains.
Ensuring that railroads provide this
information to SERCs is critical to
ensuring that local and State emergency
responders are aware of the large
quantities of crude oil that are being
transported through their jurisdictions
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18:08 Oct 02, 2014
Jkt 235001
and are prepared to respond to
accidents involving such trains should
they occur.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Annual Estimated Burden: 3,778
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
collections of information are 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 estimates of the burden of
the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections 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 September
29, 2014.
Erin McCartney,
Acting Chief Financial Officer.
[FR Doc. 2014–23511 Filed 10–2–14; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0125]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
CIAO; Invitation for Public Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
SUMMARY:
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59893
description of the proposed service, is
listed below.
Submit comments on or before
November 3, 2014.
DATES:
Comments should refer to
docket number MARAD–2014–0125.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
As
described by the applicant the intended
service of the vessel CIAO is:
Intended Commercial Use of Vessel:
‘‘yacht charters’’
Geographic Region: Maine, New
Hampshire, Massachusetts, Rhode
Island, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia,
North Carolina, South Carolina, Georgia,
Florida, Alabama, Louisiana, Texas
The complete application is given in
DOT docket MARAD–2014–0125 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Notices]
[Pages 59891-59893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23511]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2014-0011-N-18]
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, this
notice announces that the Information Collection Request (ICR)
abstracted below requesting regular review is being forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the following collection of information was
published on June 30, 2014 (79 FR 36860).
DATES: Comments must be submitted on or before November 3, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., 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., 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, sec. 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 June 30, 2014, FRA published a 60-day notice in the Federal
Register soliciting comments on the ICR for which the agency is seeking
OMB approval. See 79 FR 36860. The ICR relates to the Emergency Order
(EO) issued on May 7, 2014, by the Secretary of Transportation (Docket
No. DOT-OST-2014-0067). The EO requires affected railroad carriers to
provide certain information to the State Emergency Response Commissions
(SERCs) for each State in which they operate individual trains carrying
1 million gallons or more of petroleum crude oil sourced from the
Bakken shale formation in the Williston Basin (Bakken crude oil). FRA
received one comment in response to its 60-day notice.
On August 29, 2014, FRA received a joint comment from the
Association of American Railroads (AAR) and the American Short Line and
Regional Railroad Association (ASLRRA) (Commenters). The Commenters
raised three main points. First, the Commenters assert that the crude
oil routing information the EO requires railroads to provide to SERCs
is sensitive information from a security perspective and should only be
available to persons with a need-to-know the information (e.g.,
emergency responders and emergency response planners). Second, the
Commenters assert that the same information is commercially-sensitive
information that should remain confidential and not be publically
available. Finally, the Commenters assert that the EO is not serving a
useful purpose as the information required by the EO to be provided to
the SERCs is already provided to emergency responders through AAR
Circular OT-55-N. See AAR, ``Circular OT-55-N: Recommended Railroad
Operating Practices For Transportation of Hazardous Materials,'' (Aug.
5, 2013) (OT-55). The Commenters specifically suggest that the EO ``be
withdrawn because it has resulted in information confidential from
security, safety, and business perspectives being made public and
because the objective of the emergency order, informing government
[[Page 59892]]
officials of the transportation of Bakken crude oil through their
jurisdictions, was already being met, and would continue to be met, if
the EO is withdrawn.'' AAR and ASLRRA continued:
The EO requires that railroads make crude oil routing
information available to [SERCs]. Specifically, the EO requires that
a railroad provide to the SERC in each state in which it operates
trains transporting 1,000,000 gallons or more of Bakken crude oil
information on the number of such trains traveling per week through
each county and the routes over which the trains operate.
While AAR and ASLRRA do not believe it was DOT's intention, the
EO resulted in the information required to be disclosed by the EO to
be made publicly available. Such a result is hardly a necessary
consequence of informing government officials of the transportation
of Bakken crude oil through their jurisdictions. Railroads were
already informing government officials of the hazardous materials
transported through their communities pursuant to AAR's circular
governing operating practices for the transportation of hazardous
materials, OT-55.\1\
\1\ OT-55 provides that AAR members will provide emergency
response agencies or emergency response planning groups with
``commodity flow information covering at a minimum the top 25
hazardous commodities transported through the community in rank
order.''
---------------------------------------------------------------------------
In their comment, AAR and ASLRRA further remarked:
Unfortunately, in so far as confidentiality is concerned, the
result of the EO has proven inconsistent with DOT's intent. Since
SERCs in many states have contended they have no choice but to make
the routing information public because of the laws governing SERCs,
the SERCs have refused to keep crude oil routing information
confidential.
The EO is not needed to provide emergency responders with notice
that crude oil shipments are being transported through their
communities because railroads have been providing that information
for many years. OT-55 provides that railroads will give emergency
response agencies and planning groups information on the hazardous
materials transported through their communities. Class I railroads
and short lines have notified communities as provided by OT-55.
For emergency response planning purposes, there is no need to
disclose the actual route taken by a crude oil train. Notifying an
emergency responder of the hazardous materials transported through
the community, including crude oil, is sufficient.
Railroading is a highly competitive business. A railroad's
traffic is susceptible to competing railroads and competing modes.
As is the case with any company engaged in a competitive business,
railroads keep their customers confidential to the extent possible.
Forced disclosure of routing information provides a means for
competitors to ascertain a railroad's customers and constitutes the
disclosure of confidential commercial information.
Although DOT and FRA in particular, recognize the Commenters
concerns relating to the potential confidentiality of the information
required to be provided under the EO, DOT notes that the information
does not fall into any of the fifteen categories of Sensitive Security
Information (SSI) defined by either DOT or Transportation Security
Administration (TSA) regulations. See 49 CFR parts 15 and 1520.
Further, at this time, DOT finds no basis to conclude that the public
disclosure of the information is detrimental to transportation safety.
DOT has consulted with the Department of Homeland Security and TSA in
making this decision. Accordingly, the Secretary of Transportation has
not designated the information as SSI.
The Commenters are correct in that DOT's intent in issuing the EO
was not to cause the widespread public disclosure of the information,
but rather to ensure that emergency responders have an understanding of
the volume and frequency with which Bakken crude oil is transported
through their communities so that they can prepare their response plans
and resources accordingly. DOT notes that the Commenters do not
document any actual harm that has occurred by the public release of the
information required to be provided to the States under the EO. That
being said, DOT understands that railroads may have an appropriate
claim that the information required to be provided to the SERCs
constitutes confidential business information, but the merit of such
claims may differ by State depending on each State's open records and
sunshine laws. For these reasons, FRA concludes that the information
required to be provided to the SERCs under the EO is neither security-
sensitive nor commercially-sensitive information that is protected by
Federal law.
With regard to the Commenters' assertion that the EO is not serving
a useful purpose as the information required by the EO to be provided
to the States is already available to emergency responders through OT-
55, FRA notes that there are important distinctions between the
information required to be provided by railroads under the EO and the
nature and content of the information provided pursuant to OT-55.
First, the railroad's sharing of information contemplated by OT-55 is
only voluntary. Second, the railroad's voluntary sharing of information
under OT-55 is only upon written request of emergency response or
emergency planning groups. Third, the information voluntarily shared
pursuant to OT-55 is ``commodity flow information'' covering ``the top
25 hazardous commodities transported through the community in rank
order.'' Large quantities of Bakken crude oil in single trains may or
may not be part of this top-25 commodity ranking in any given
community. In contrast, by mandating in the EO that railroads provide
the identified information on the transportation of large quantities of
Bakken crude oil to States, the EO helps ensure that local emergency
responders have access to that information. Further, the information
that the EO mandates railroads to provide to States is very specific,
limited to one commodity (Bakken crude oil), more detailed than the
information voluntarily shared pursuant to OT-55, and specifically
designed to ensure that local emergency responders are provided
sufficient information to confirm that they have an understanding of
the volume, route, and frequency with which Bakken crude oil is
transported through their jurisdictions so that they can prepare
emergency response plans and resources accordingly. For these reasons,
FRA strongly disagrees with the Commenters' assertion that the EO is
not serving a useful purpose.
Finally, DOT notes that a pending Pipeline and Hazardous Materials
Safety Administration Notice of Proposed Rulemaking (NPRM) proposes to
codify into Federal regulations the terms of the EO. See 79 FR 45016
(Aug. 1, 2014). The public comment period on this NPRM is scheduled to
close on September 30, 2014. It would be premature to change the terms
of the EO now and prohibit the disclosure of the specified information
to SERCs before those terms undergo full public scrutiny and comment
through the rulemaking process.
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
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
[[Page 59893]]
The summary below describes the nature of the ICR and the expected
burden. The revised request is being submitted for clearance by OMB as
required by the PRA.
Title: Secretary of Transportation Emergency Order Docket No. OST-
2014-0067.
OMB Control Number: 2130-0604.
Abstract: On May 7, 2014, the Secretary of Transportation issued
Emergency Order Docket No. DOT-OST-2014-0067 (EO), requiring affected
railroad carriers to provide certain information to the State Emergency
Response Commissions (SERCs) for each State in which their trains
carrying 1 million gallons or more of Bakken crude oil travel. This EO
is available through the Department's public docket system at
www.regulations.gov, under Docket No. DOT-OST-2014-0067. The EO took
effect immediately upon issuance, although affected railroads were
permitted 30 days to provide the required information to the SERCs. The
EO is the DOT's direct and proactive response to a recent series of
train accidents involving the transportation of petroleum crude oil, a
hazardous material the transportation of which is regulated by the DOT.
The most recent accident occurred on April 30, 2014, when a train
transporting petroleum crude oil derailed in Lynchburg, Virginia and
released approximately 30,000 gallons of its contents into the James
River. Further, the EO explains that, with the rising demand for rail
transportation of petroleum crude oil throughout the United States, the
risk of rail incidents has increased commensurate with the increase in
the volume of the material shipped and that there have been several
significant derailments in both the U.S. and Canada over the last
several months causing deaths and property and environmental damage
that involved petroleum crude oil. DOT emergency orders are rare and
the EO itself describes the most recent accidents and circumstances
leading the agency to issue the EO. The collection of information
included under this EO is aimed at ensuring that railroads that
transport in a single train a large quantity of petroleum crude oil (1
million gallons or more), particularly crude oil from the Bakken shale
formation in the Williston Basin, provide certain information to the
relevant SERCs in each State in which the railroad operates such
trains. Ensuring that railroads provide this information to SERCs is
critical to ensuring that local and State emergency responders are
aware of the large quantities of crude oil that are being transported
through their jurisdictions and are prepared to respond to accidents
involving such trains should they occur.
Affected Public: Businesses (Railroads).
Form(s): N/A.
Annual Estimated Burden: 3,778 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
collections of information are 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 estimates of
the burden of the proposed information collections; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collections 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 September 29, 2014.
Erin McCartney,
Acting Chief Financial Officer.
[FR Doc. 2014-23511 Filed 10-2-14; 8:45 am]
BILLING CODE 4910-06-P
