November 23, 2011, FR Notice (30-Day)

72496

Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices

sroberts on DSK5SPTVN1PROD with NOTICES

demand is preempted by 49 U.S.C.
14506. The recent amendment to the
Act, however, removed this
requirement, rendering ATA’s request
moot. As a result, FMCSA does not
address this issue.
By letter dated January 25, 2011, the
ADPS responded to ATA’s petition.
ADPS acknowledged that the
requirements of the Act are more
stringent than Federal regulations, but
stated that the requirements should not
be preempted because they have safety
benefits and do not place an
unreasonable burden on interstate
commerce.
Applicable law
Section 31141 of title 49, United
States Code, prohibits States from
enforcing a law or regulation on CMV
safety that the Secretary of
Transportation (Secretary) has
determined to be preempted. To
determine whether a State law or
regulation is preempted, the Secretary
must decide whether a State law or
regulation: (1) Has the same effect as a
regulation prescribed under 49 U.S.C.
31136, which is the authority for much
of the Federal Motor Carrier Safety
Regulations (FMCSRs); (2) is less
stringent than such a regulation; or (3)
is additional to or more stringent than
such a regulation (49 U.S.C.
31141(c)(1)). If the Secretary determines
that a State law or regulation has the
same effect as a regulation based on
31136, it may be enforced (49 U.S.C.
31141(c)(2)). A State law or regulation
that is less stringent may not be
enforced (49 U.S.C. 31141(c)(3)). And a
State law or regulation the Secretary
determines to be additional to or more
stringent than a regulation based on
31136 may be enforced unless the
Secretary decides that the State law or
regulation (1) Has no safety benefit; (2)
is incompatible with the regulation
prescribed by the Secretary; or (3)
would cause an unreasonable burden on
interstate commerce (49 U.S.C.
31141(c)(4)). To determine whether a
State law or regulation will cause an
unreasonable burden on interstate
commerce, the Secretary may consider
the cumulative effect that the State’s law
or regulation and all similar laws and
regulations of other States will have on
interstate commerce (49 U.S.C.
31141(c)(5)). The Secretary’s authority
under 31141 is delegated to the FMCSA
Administrator by 49 CFR 1.73(g).
Request for Comments
Although preemption under 31141 is
a legal determination reserved to the
judgment of the Agency, FMCSA seeks
comment on what effect, if any,

VerDate Mar<15>2010

17:03 Nov 22, 2011

Jkt 226001

Alabama’s metal coil load securement
certification requirement has on
interstate motor carrier operations.
Commenters are also encouraged to
submit information on similar
requirements imposed by States other
than Alabama. In requesting comments,
FMCSA does not seek legal conclusions.
FMCSA also seeks information on the
safety, economic, and operational
effects, including cumulative effects, of
Alabama’s and other States’
requirements. FMCSA requests
commenters to limit their submissions
to these issues and to submit data
supporting their positions. The Agency
has placed in the docket for inspection:
FMCSA’s June 26, 2009 letter, Governor
Riley’s August 26, 2009 reply, ATA’s
December 22, 2010 petition, ADPS’s
January 25, 2011 response, the Alabama
Metal Securement Act, the ADPS April
5, 2011 rule implementing the Metal
Coil Securement Act, and the June 2011
amendments to the Metal Coil
Securement Act.
Issued on: November 2, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–30237 Filed 11–22–11; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2011–0001–N–20]

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 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below are being forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on September 8, 2011 (76 FR
55726).
DATES: Comments must be submitted on
or before December 23, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Safety,
SUMMARY:

PO 00000

Frm 00110

Fmt 4703

Sfmt 4703

Planning and Evaluation Division, RRS–
21, Federal Railroad Administration,
1200 New Jersey Ave. SE., 3rd Floor,
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., 3rd Floor, 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, Section 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 September 8,
2011, FRA published a 60-day notice in
the Federal Register soliciting comment
on these ICRs for which the agency is
seeking OMB approval. 76 FR 55726.
FRA received no comments in response
to this notice.
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 of
this Notice to best ensure having their
full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
The summary below describes the
nature of the information collection
requirements (ICRs) and the expected
burden being submitted for clearance by
OMB as required by the PRA.
Title: Occupational Noise Exposure
for Railroad Operating Employees.
OMB Control Number: 2130–0571.
Type of Request: Extension with
change of a currently approved
collection.
Affected Public: Businesses.
Abstract: The collection of
information is used by FRA to ensure
that railroads covered by this rule
establish and implement—by specified

E:\FR\FM\23NON1.SGM

23NON1

Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices
dates—noise monitoring, hearing
conservation, and audiometric testing
programs, as well as hearing
conservation training programs, to
protect their employees against the
damaging and potentially dangerous
effects of excessive noise in the
everyday rail environment.
Form Number(s): N/A.
Total Annual Estimated Burden
Hours: 35,301 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: [email protected].
Comments are invited on the
following: Whether the proposed
collection of information is 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 estimate of the burden of
the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection 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 November 17,
2011 .
Michael Logue,
Acting Director, Office of Financial
Management, Federal Railroad
Administration.
[FR Doc. 2011–30213 Filed 11–22–11; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF THE TREASURY
Office of The Comptroller of The
Currency
FEDERAL RESERVE SYSTEM

sroberts on DSK5SPTVN1PROD with NOTICES

Federal Deposit Insurance Corporation
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).

AGENCIES:

VerDate Mar<15>2010

17:03 Nov 22, 2011

Jkt 226001

Joint notice and request for
comment.

ACTION:

In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the OCC, the Board, and the
FDIC (the ‘‘agencies’’) may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The Federal
Financial Institutions Examination
Council (FFIEC), of which the agencies
are members, has approved the
agencies’ publication for public
comment of a proposal to extend,
without revision, the Country Exposure
Report (FFIEC 009) and the Country
Exposure Information Report (FFIEC
009a), which are currently approved
information collections. At the end of
the comment period, the comments and
recommendations received will be
analyzed to determine the extent to
which the FFIEC should modify the
reports. The agencies will then submit
the reports to OMB for review and
approval.
DATES: Comments must be submitted on
or before January 23, 2012.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments,
which should refer to the OMB control
number, will be shared among the
agencies.
OCC: Communications Division,
Office of the Comptroller of the
Currency, Mailstop 2–3, Attention:
1557–0100, 250 E Street SW.,
Washington, DC 20219. In addition,
comments may be sent by fax to (202)
874–5274, or by electronic mail to
[email protected]. You can
inspect and photocopy comments at the
OCC’s Public Information Room, 250 E
Street SW., Washington, DC 20219. For
security reasons, the OCC requires that
visitors make an appointment to inspect
comments. You may do so by calling
(202) 874–4700. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
Board: You may submit comments,
identified by FFIEC 009 or FFIEC 009a,
by any of the following methods:
Agency Web site: http://
www.federalreserve.gov. Follow the
instructions for submitting comments
on the http://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:

PO 00000

Frm 00111

Fmt 4703

Sfmt 4703

72497

Email:
[email protected].
Include the OMB control number in the
subject line of the message.
Fax: (202) 452–3819 or (202) 452–
3102.
Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at http://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
except as necessary for technical
reasons. Accordingly, your comments
will not be edited to remove any
identifying or contact information.
Public comments may also be viewed
electronically or in paper in Room MP–
500 of the Board’s Martin Building (20th
and C Streets NW) between 9 a.m. and
5 p.m. on weekdays.
FDIC: You may submit written
comments, which should refer to
‘‘Country Exposure Reports, 3064–
0017,’’ by any of the following methods:
Agency Web site: http://www.fdic.gov/
regulations/laws/federal/propose.html.
Follow the instructions for submitting
comments on the FDIC Web site.
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include
‘‘Country Exposure Reports, 3064–
0017’’ in the subject line of the message.
Mail: Gary A. Kuiper, Counsel,
Attention: Comments, Room F–1086,
Federal Deposit Insurance Corporation,
550 17th Street NW., Washington, DC
20429.
Hand Delivery/Courier: Guard station
at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7 a.m. and 5 p.m.
Public Inspection: All comments
received will be posted without change
to http://www.fdic.gov/regulations/laws/
federal/propose/html including any
personal information provided.
Comments may be inspected at the FDIC
Public Information Center, Room E–
1002, 3501 Fairfax Drive, Arlington, VA
22226, between 9 a.m. and 5 p.m. on
business days.
Additionally, commenters may send a
copy of their comments to the OMB
desk officer for the agencies by mail to
the Office of Information and Regulatory
Affairs, U.S. Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street NW.,
Washington, DC 20503, or by fax to
(202) 395–6974.
FOR FURTHER INFORMATION CONTACT:
Additional information or a copy of the
collection may be requested from:

E:\FR\FM\23NON1.SGM

23NON1