77 FR 42553 -- 30-day Federal Register Notice -- Published

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

emcdonald on DSK67QTVN1PROD with NOTICES

TABLE—ESTIMATED ‘‘NON-HOUR BURDEN’’ COST PER RESPONSE
Type of Cost

§ 10901

Applications Filing Fees ................................

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

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§ 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

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§ 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).

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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, .
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

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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:

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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

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