30-day Federal Register Notice -- 77 FR 47702

47702

Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices

See, e.g. 49 CFR 571.206 S4.2.1.1(a),
S4.2.1.2(a) and S4.2.1.3(a) (discussing
testing when the door latch is in the
fully latched position).
Decision: In consideration of the
foregoing, NHTSA has decided that the
petitioner has not met its burden of
persuasion that the noncompliance
described is inconsequential to motor
vehicle safety. Accordingly,
Utilimaster’s petition is hereby denied,
and the petitioner must notify owners,
purchasers and dealers pursuant to 49
U.S.C. 30118 and provide a remedy in
accordance with 49 U.S.C. 30120.
If Utilimaster believes that vehicles it
will produce in the future should not be
subject to any currently applicable
FMVSS No. 206 requirements,
Utilimaster may consider petitioning the
Agency for rulemaking. The appropriate
type of petition to request a change in
a rule is one filed under 49 CFR part 552
Petitions for Rulemaking, Defect, and
Non-Compliance Orders.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: August 2, 2012.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2012–19581 Filed 8–8–12; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
30-Day Notice of Request for Approval:
Statutory Authority To Preserve Rail
Service
AGENCY:

Surface Transportation Board,

DOT.
Notice and request for
comments.

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 of its
intent to seek from the Office of
Management and Budget (OMB)
approval of the information collections
required under 49 U.S.C. 10904–05 and
10907, and 16 U.S.C. 1247(d). Under
these statutory provisions, the Board
administers programs designed to
preserve railroad service or rail rightsof-way. When a line is proposed for
abandonment, affected shippers,
communities, or other interested
persons may seek to preserve rail
service by filing with the Board: an offer
of financial assistance (OFA) to
subsidize or purchase a rail line for

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SUMMARY:

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which a railroad is seeking
abandonment (49 U.S.C. 10904),
including a request for the Board to set
terms and conditions of the financial
assistance; a request for a public use
condition (section 10905); or a trail-use
request (16 U.S.C. 1247(d)). Similarly,
when a line is placed on a system
diagram map identifying it as an
anticipated or potential candidate for
abandonment, affected shippers,
communities, or other interested
persons may seek to preserve rail
service by filing with the Board a feeder
line application to purchase the
identified rail line (section 10907).
Additionally, the railroad owning the
rail line subject to abandonment must,
in some circumstances, provide
information to the applicant or offeror.
The Board previously published a
notice about this collection in the
Federal Register on February 10, 2012,
at 77 FR 7236–37 (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 Authority to Preserve
Rail Service.
OMB Control Number: 2140–00##.
STB Form Number: None.
Type of Review: Existing collection in
use without an OMB control number.
Respondents: Affected shippers,
communities, or other interested
persons seeking to preserve rail service
over rail lines that are proposed or
identified for abandonment, and
railroads that are required to provide
information to the offeror or applicant.
Number of Respondents: 40
(including informational filings required
of railroads).1
1 In Fiscal Year (FY) 2011, there were 56 filings
under 49 U.S.C. 10904–07 and the Trails Act. See

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Frequency. On occasion.

TABLE—NUMBER OF YEARLY
RESPONSES
Type of filing

Number of
filings

Offer of Financial Assistance ...
OFA—Railroad Reply to Request for Information .............
OFA—Request to Set Terms
and Conditions ......................
Request for Public Use Condition ........................................
Feeder Line Application ............
Trail-Use Request .....................
Trail-Use Request Extension 2

3
3
1
9
1
20
19

2 In the 60-day notice, the Board did not
separate trail use requests into initial trail-use
requests and extension requests, but it has
done so in this notice because the initial request has a capped filing fee and the extension request does not. The distinction is necessary to more accurately derive the cost to
the government of this collection and the total
non-hour burden cost, which increases from
$41,980 (in the 60-day notice) to $45,780.

Total Burden Hours (annually
including all respondents): 374 hours
(sum total of estimated hours per
response X number of responses for
each type of filing).

TABLE—ESTIMATED HOURS PER
RESPONSE
Type of filing
Offer of Financial Assistance ...
OFA—Railroad Reply to Request for Information .............
OFA—Request to Set Terms
and Conditions ......................
Request for Public Use Condition ........................................
Feeder Line Application ............
Trail-Use Request .....................
Trail-Use Request Extension ....

Number of
hours per
response
32
10
4
2
70
4
4

Total ‘‘Non-hour Burden’’ Cost (such
as filing fees): $45,780 (sum of estimated
‘‘non-hour burden’’ cost per response X
number of responses for each statutory
section and type of filing).
Table—Number of Yearly Responses. In the 60-day
notice, the Board indicated that there were
approximately 60 respondents. Although no
comments were filed, it has come to our attention
that approximately 30% of the filings were
additional filings submitted by railroads or trail
users that had already submitted filings during the
time period. Therefore, the number of respondents
has been revised to approximately 40, which is 30%
less than the number of filings.

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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices
TABLE—ESTIMATED ‘‘NON-HOUR BURDEN’’ COST PER RESPONSE
Type of filing

Filing costs

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Offer of Financial Assistance .......................................................................................................
OFA—Railroad Reply to Request for Information .......................................................................
OFA—Request to Set Terms and Conditions .............................................................................
Request for Public Use Condition ...............................................................................................
Feeder Line Application ...............................................................................................................
Trail-Use Request ........................................................................................................................
Trail-Use Request Extension .......................................................................................................

Needs and Uses: Under the Interstate
Commerce Act, as amended by the ICC
Termination Act of 1995, Public Law
No. 104–88, 109 Stat. 803 (1995), and
Section 8(d) of the National Trails
System Act, 16 U.S.C. 1247(d) (Trails
Act), persons seeking to preserve rail
service may file pleadings before the
Board to acquire or subsidize a rail line
for continued service, or to impose a
trail use or public use condition. Under
49 U.S.C. 10904, the filing of an OFA
starts a process of negotiations to define
the financial assistance needed to
purchase or subsidize the rail line
sought for abandonment. Once the OFA
is filed, the offeror may request
additional information from the
railroad, which the railroad must
provide. If the parties cannot agree to
the sale or subsidy, either party also
may file a request for the Board to set
the terms and conditions of the financial
assistance. Under section 10905, a
public use request allows the Board to
impose a 180-day public use condition
on the abandonment of a rail line,
permitting the parties to negotiate a
public use for the rail line. Under
section 10907, a feeder line application
provides the basis for authorizing an
involuntary sale of a rail line. Finally,
under 16 U.S.C. 1247(d), a trail-use
request, if agreed upon by the
abandoning carrier, requires the Board
to condition the abandonment by
issuing a Notice of Interim Trail Use
(NITU) or Certificate of Interim Trail
Use (CITU), permitting the parties to
negotiate an interim trail use/rail
banking agreement for the rail line.
The collection by the Board of these
offers, requests, and applications, and
the railroad’s replies (when required),
enables the Board to meet its statutory
duty to regulate the referenced rail
transactions.
Retention Period: Information in these
collections is maintained by the Board
for 10 years, after which it is transferred
to the National Archives as permanent
records.
Comments on this information
collection should be submitted by
September 10, 2012.

DATES:

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Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Surface Transportation
Board, Statutory Authority to Preserve
Rail Service.’’ 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
[email protected].

ADDRESSES:

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, http://www.stb.dot.gov/stb/
elibrary/ref_stbrules.html.
SUPPLEMENTARY INFORMATION:
Respondents seeking authority from the
Board to preserve rail lines must submit
certain information required under the
Board’s related regulations and, in some
circumstances, railroads seeking to
abandon a line must disclose certain
information to the offeror or applicant.
Offer of Financial Assistance. When a
rail line would otherwise be approved
for abandonment (or discontinuance),
any financially responsible person may
seek to acquire the line for continued
rail service (after abandonment has been
approved), or may seek to temporarily
subsidize continued operations by the
incumbent railroad (after abandonment
or discontinuance has been approved),
by filing an OFA under 49 U.S.C. 10904
and 49 CFR 1152.27. An OFA may be
submitted to the Board as soon as the
railroad seeks abandonment (or
discontinuance) authority. Once an OFA
is submitted, the abandoning railroad
must, upon request, promptly provide to
any party considering an OFA and to
the Board an estimate of the annual
subsidy or minimum purchase price; a
report on the physical condition of line;
and data on traffic, revenues, net
liquidation value, and the cost to
rehabilitate to class I (minimum) track

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$1,500
0
23,100
0
2,600
250
450

Other costs
$90
30
30
30
200
30
30

Total costs
$1,590
30
23,130
30
2,800
280
480

standards. If the parties are not able to
agree upon the purchase price or
subsidy, then, to move forward, either
party may ask the Board to set the price
or subsidy, which will be binding upon
the parties if the offeror chooses to
accept the terms set by the Board and
proceed with the purchase.
Public Use Request. Any person may
request that the Board prohibit an
abandoning railroad from disposing of
the right-of-way—for up to 180 days—
without first offering the right-of-way
(on reasonable terms) for other suitable
public purposes (such as mass transit,
pipeline, transmission lines, recreation,
etc.). Such requests are governed by 49
U.S.C. 10905 and 49 CFR 1152.28.
Feeder Line Application. When a line
has been identified on a railroad’s
system diagram map as a potential
candidate for abandonment (or
discontinuance), but before
abandonment (or discontinuance)
authority has been sought, any
financially responsible person (other
than a Class I or II railroad) may, by
filing a feeder line application under 49
U.S.C. 10907 and 49 CFR part 1151,
seek to acquire the line for continued
rail service under the forced sale
provisions of the feeder railroad
development program.
Trail-Use Request. The Trails Act
provides a mechanism whereby any
interested person may seek to
‘‘railbank’’ a rail right-of-way that has
been approved for abandonment and
use the property in the interim as a
recreational trail. The Board has a
ministerial role in this process; under 49
CFR 1152.29, interested persons may
submit a request to the Board for a trail
use condition, and if the statutory
conditions are met, the Board must
authorize the parties to negotiate a trailuse agreement by issuing a CITU, or, in
an exemption proceeding, a NITU. The
CITU or NITU typically permit
negotiations for 180 days, but the
negotiations can be extended upon
request to the Board. Under the Trails
Act, trail-use agreements are
consensual, not forced. The abandoning
railroad is free to choose whether or not
to enter into or continue negotiations to

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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices

transfer (all or part of) the right-of-way
to a trail sponsor.
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 section
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: August 6, 2012.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–19555 Filed 8–8–12; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY
Proposed Collection; Comment
Request
Office of Investment Security,
Treasury.
ACTION: Notice and request for
comments.
AGENCY:

The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on continuing
information collections, as required by
the Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the Office of
Investment Security within the
Department of the Treasury is soliciting
comments concerning the information
collection provisions of the Regulations
Pertaining to Mergers, Acquisitions and
Takeovers by Foreign Persons, 31 CFR
800.402.
DATES: Written comments should be
received on or before October 9, 2012 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Aimen Mir, Director, Office of
Investment Security, Department of the
Treasury, 1500 Pennsylvania Avenue,
NW., Room 5221, Washington, DC
20220—(202) 622–1860.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Amad Judeh,
Office of Investment Security,

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Department of the Treasury, 1500
Pennsylvania Avenue NW., Washington,
DC 20220—(202) 622–1715; or Francine
McNulty Barber, Senior Counsel,
Department of the Treasury, Room 2014,
1500 Pennsylvania Ave. NW.,
Washington, DC 20220—(202) 622–
1947.
Title:
Regulations Pertaining to Mergers,
Acquisitions and Takeovers by Foreign
Persons.
OMB Number: 1505–0121.
Abstract: The information request in
this proposed collection is contained in
31 CFR 800.402. The information
collected under these regulations is
used by the Committee on Foreign
Investment in the United States
(CFIUS), an inter-agency committee
chaired by the Secretary of the Treasury
and comprised of the Secretaries of
State, Defense, Treasury, Commerce,
Homeland Security, Energy, and Labor;
the Attorney General; the U.S. Trade
Representative; and the Directors of
National Intelligence and the Office of
Science and Technology Policy. CFIUS,
on behalf of the President, is authorized
under section 721 of the Defense
Production Act of 1950 to conduct
reviews to determine the effects on the
national security of transactions
proposed or pending after the date of
enactment (August 23, 1988) by or with
foreign persons that could result in
foreign control of any person engaged in
interstate commerce in the United States
(‘‘covered transactions’’).
Current Actions: Extension.
Type of Review: Extension.
Affected Public: Foreign businesses
and foreign individuals.
Estimated Number of Responses: 105.
Estimated Time per Respondent: This
varies, depending on individual
circumstances, with an average of 100
hours.
Estimated Total Annual Burden
Hours: 10,500 hours.
Requests For Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including

SUPPLEMENTARY INFORMATION:

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through use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: August 6, 2012.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
[FR Doc. 2012–19560 Filed 8–8–12; 8:45 am]
BILLING CODE P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Information Collection;
Comment Request
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:

The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
DATES: Written comments should be
received on or before October 9, 2012 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette B. Lawrence, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
Please send separate comments for
each specific information collection
listed below. You must reference the
information collection’s title, form
number, reporting or record-keeping
requirement number, and OMB number
(if any) in your comment.
FOR FURTHER INFORMATION CONTACT: To
obtain additional information, or copies
of the information collection and
instructions, or copies of any comments
received, contact Joel Goldberger at
(202) 927–9368 or at Internal Revenue
Service, room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224, or
through the Internet, at
[email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

Request for Comments
The Department of the Treasury and
the Internal Revenue Service, as part of
their continuing effort to reduce
paperwork and respondent burden,
invite the general public and other

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