February 4, 2013, FR Notice (30-Day)

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
for a renewal under procedures in effect
at that time.
Issued on: January 18, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–02267 Filed 2–1–13; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2013–0002–N–3]

Each locomotive, passenger car and
caboose that is fully equipped with glazing
materials that meets the requirements of this
part shall be stenciled on an interior wall as
follows:
‘‘Fully Equipped FRA Part 223 glazing’’ or
similar words conveying that meaning in
letters at least 3⁄8 inch high.

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describes the nature of the
information collection and their
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on November 15, 2012.
DATES: Comments must be submitted on
or before March 6, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS–
21, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 17,
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, 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 November 15,
2012, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICRs for which the agency was
seeking OMB approval. 77 FR 68203.

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SUMMARY:

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FRA received one comment in response
to this notice.
On January 9, 2013, the Association of
American Railroads (AAR) submitted a
comment on behalf of itself and its
member railroads. AAR stated its
opposition to the proposed renewal of
OMB’s approval of FRA’s requirement
that rolling stock with glazing materials
be stenciled and noted that 49 CFR
223.17 and 49 CFR 223, Appendix A, set
forth FRA’s glazing requirements.
Section 223.17 requires the stenciling of
the walls of rolling stock as follows:

Appendix A requires more detailed
information than section 223.17. It
provides the following:
c. Material Identification
(1) Each individual unit of glazing material
shall be permanently marked, prior to
installation, to indicate that this type of
material has been successfully tested as set
forth in this appendix and that marking shall
be done in such a manner that it is clearly
visible after the material has been installed.
(2) Each individual unit of a glazing
material that has successfully passed the
Type I testing regimen shall be marked to
indicate:
(i) ‘‘FRA Type I’’ material;
(ii) the manufacturer of the material;
(iii) the type or brand identification of the
material.
(3) Each individual unit of a glazing
material that has successfully passed the
Type II testing regimen shall be marked to
indicate:
(i) ‘‘FRA Type II’’ material;
(ii) the manufacturer of the material;
(iii) the type or brand identification of the
material.

AAR believes that, ‘‘with glazing
materials required to have detailed
information set forth in Appendix A,
there is no reason to require the
information on the walls of rolling stock
required by section 223.17. Section
223.17 is simply superfluous.’’ In its
letter, AAR pointed out that it filed a
petition with FRA in 2004 to eliminate
the stenciling requirement under 49
CFR 223.17 and remarked:
With more than eight years having elapsed
since AAR filed its petition, it is past the
point in time when FRA should have acted
to eliminate the requirement to stencil rolling
stock. OMB should deny the request to
approve this useless information collection
requirement.

FRA fully acknowledges the issue that
AAR raises in its January 9th letter and
in its earlier petition to FRA. For some

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7857

time, FRA has planned to address this
issue through an agency rulemaking.
However, FRA cannot always proceed
with a rulemaking as quickly as it or the
regulated community would like, even
when the agency knows that a current
rule needs to be revised. The AAR well
knows that the rulemaking process is
neither a fast nor a simple process.
Myriad points of view must be
considered before the agency changes an
existing rule. To achieve its mission to
promote and enforce all areas of rail
safety, FRA must prioritize its
rulemaking agenda to address those
areas that will most greatly and directly
impact rail safety. In that regard, the
current state of rail safety throughout
the nation is a prime consideration. Rail
accidents and incidents that occur at
any given time and result in numerous
injuries, fatalities, significant property
damage, or harm to nearby communities
will demand urgent agency action. Items
on the agency regulatory agenda then
will be moved up or down depending
on current rail events. Having said all
the above, FRA plans on revising its
Safety Glazing Standards Rule (49 CFR
Part 223) later this year. FRA will
carefully review section 223.17 and
other requirements in this rule that are
deemed unnecessary or superfluous
with the object of eliminating them.
FRA asks AAR’s patience and asks OMB
to approve this latest renewal
information collection submission with
its current requirements for the
maximum time period while FRA works
on completing its intended rulemaking
action.
Before OMB decides whether to
approve a proposed collection 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.
The summary below describes the
nature of the information collection
requirements (ICRs) and the expected
burden, and are being submitted for
clearance by OMB as required by the
PRA.

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7858

Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices

Title: Certification of Glazing
Materials.
OMB Control Number: 2130–0525.
Type of Request: Extension without
change of a previously approved
information collection.
Affected Public: 5 Manufacturers.
Abstract: The collection of
information is set forth under 49 CFR
Part 223, which requires the
certification and permanent marking of
glazing materials by the manufacturer.
The manufacturer is also responsible for
making available test verification data to
railroads and FRA upon request.
Form Number(s): N/A
Annual Estimated Burden Hours: 119
hours
Title: Use of Locomotive Horns at
Highway-Rail Grade Crossings
Title: Disqualification Proceedings
OMB Control Number: 2130–0529
Type of Request: Extension without
change of a previously approved
information collection
Affected Public: 40,000 Locomotive
Engineers
Abstract: Under 49 U.S.C. 20111(c),
FRA is authorized to issue orders
disqualifying railroad employees,
including supervisors, managers, and
other agents, from performing safetysensitive service in the rail industry for
violations of safety rules, regulations,
standards, orders, or laws evidencing
unfitness. FRA’s regulations, 49 CFR
Part 209, Subpart D, implement the
statutory provision by requiring (i) a
railroad employing or formerly
employing a disqualified individual to
disclose the terms and conditions of a
disqualification order to the individual’s
new or prospective employing railroad;
(ii) a railroad considering employing an
individual in a safety-sensitive position
to ask the individual’s previous
employing railroad whether the
individual is currently serving under a
disqualification order; and (iii) a
disqualified individual to inform his
new or prospective employer of the
disqualification order and provide a
copy of the same. Additionally, the
regulations prohibit a railroad from
employing a person serving under a
disqualification order to work in a
safety-sensitive position. This
information serves to inform a railroad
whether an employee or prospective
employee is currently disqualified from
performing safety-sensitive service
based on the issuance of a
disqualification order by FRA.
Furthermore, it prevents an individual
currently serving under a
disqualification order from retaining
and obtaining employment in a safetysensitive position in the rail industry.

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Annual Estimated Burden Hours: 5
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
electronically via email to the Office of
Information and Regulatory Affairs
(OIRA) 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 January 29,
2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad
Administration.
[FR Doc. 2013–02375 Filed 2–1–13; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF THE TREASURY
Publication of Fiscal Year 2012 Service
Contract Inventory
Departmental Offices, Treasury.
Notice of publication of Fiscal
Year 2012 Service Contract Inventory.

AGENCY:
ACTION:

The Department of the
Treasury will make available to the
public at http://www.treasury.gov/
about/organizational-structure/offices/
Pages/Office-of-the-ProcurementExecutive.aspx (see Key Topics) the
Department’s Fiscal Year (FY) 2012
Service Contract Inventory. The
Inventory lists all service contract
actions over $25,000 awarded in FY
2012 and funded by Treasury, to
include contract actions made on the
Department’s behalf by other agencies.
Contract actions awarded by the
Department on another agency’s behalf
with the other agency’s funding are
excluded.

SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Cathy Higginbotham, Office of the
Procurement Executive, Department of
the Treasury, 1500 Pennsylvania
Avenue NW., Washington, DC 20220, at
(202) 622–6585 or [email protected].
SUPPLEMENTARY INFORMATION: In
accordance with Section 743 of Division
C of the FY 2010 Consolidated
Appropriations Act, Public Law (Pub.
L.) 111–117, agencies required to submit
an inventory in accordance with the
Federal Activities Inventory Reform Act
of 1998 (Pub. L. 105–270; 31 U.S.C. 501
note), other than the Department of the
Defense, shall also prepare an annual
service contract inventory. Treasury
submitted its inventory for FY 2012 to
the Office of Management and Budget
(OMB) on December 18, 2012.
Dated: January 29, 2013.
Thomas Sharpe, Jr.,
Senior Procurement Executive.
[FR Doc. 2013–02354 Filed 2–1–13; 8:45 am]
BILLING CODE P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Information Collection
tools.
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)). Currently, the IRS is
soliciting comments concerning final
regulation, REG–120509–06 (TD 9465),
1.882–5; Determination of Interest
Expense Deduction of Foreign
Corporation; Form 13614–NR, Volunteer
Return Preparation Critical Intake SheetNR; and REG–209006–89, Transfers by
Domestic Corporations That Are Subject
to Section 367(a)(5); Distributions by
Domestic Corporations That Are Subject
to Section 1248(f).
DATES: Written comments should be
received on or before April 5, 2013 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, room 6129, 1111 Constitution
SUMMARY:

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