30-day Federal Register Notice

Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices

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low, medium, high, or contributed to a
crash or HM incident. If the violation
caused a crash or an HM incident, the
highest points will be assigned. If the
violation caused an HM incident which
resulted in a fatality, serious injury,
illness or destruction of property, a
maximum fine of $175,000 may be
assessed, overriding all other aspects of
the UFA model. Interested parties may
review this information at
www.fmcsa.dot.gov/penaltyassessments.
Violator Factors
1. ‘‘Culpability’’ is considered by
evaluating the violator’s conduct or
actions and knowledge of the violations,
conditions, or practices that led to the
discovered violations. It is an
assessment of the violator, not the
individual violation, and takes into
account the fault level of the violator.
For UFA, it is broken into 3 categories:
a. Should have known of any of the
discovered violation(s);
b. Knew of any of the violation(s); and
c. Intentional for any discovered
violation(s).
Intentional violations of the
regulations are assigned the highest
number or points. Points are
automatically assigned by UFA based on
the selection of knowledge level relative
to the conduct of the violator. When
available, see www.fmcsa.dot.gov/
penaltyassessments.
2. ‘‘History’’ is considered by
evaluating the violator’s enforcement
history with any U.S. Department of
Transportation modal administration.
Enforcement history is a major factor
since it provides an indication of both
the carrier’s or individual’s awareness of
its safety obligations and its willingness
to comply with the regulations. The
history criteria relates to the violator
(not the individual violation) and is
determined by looking at the violator’s
closed cases (cases where there has been
a finding of liability for the violations or
where the violator has admitted the
violations) in the previous six years and
selecting one of the following levels:
a. No enforcement history;
b. Penalized for violation(s) in any
other part(s);
c. Penalized for violation(s) in the
same part(s); and,
d. Penalized for two or more prior
cases or a prior case for violation of an
Order.
In enforcement cases including HHG
violations, UFA 4.0 will consider
enforcement history, pursuant to 49
U.S.C. 14901(c), only if the past
violations are similar in nature to the
HHG violations in the current
enforcement case. UFA automatically
assigns points based on the history level

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indicated. See www.fmcsa.dot.gov/
penaltyassessments.
3. ‘‘Effect on ability to continue to do
business’’ and ‘‘ability to pay’’ are
considered by capping the proposed
penalty at 2 percent of the violator’s
gross revenue. UFA refers to this
limitation on a total penalty as the
‘‘Gross Revenue Cap.’’ FMCSA has
determined that capping most penalties
at 2 percent of the violator’s gross
revenue will allow most carriers to
remain in business while inducing
compliance with the regulations.
Assessments will be lowered by the
UFA 4.0 software to an amount equal to
or below the Gross Revenue Cap, if
needed. UFA 4.0 will assess a penalty
below an administrative minimum if
necessary to keep the total penalty
below the Gross Revenue Cap. In some
cases, such as when a minimum
statutory penalty exceeds the Gross
Revenue Cap, or where FMCSA asserts
a maximum civil penalty pursuant to
Section 222 of MCSIA, the penalties
will not be reduced to an amount equal
or below the Gross Revenue Cap.
4. ‘‘Such other matters,’’ as justice,
fairness, and public safety may require,
are considered by taking into account
those factors that are not otherwise
specified in the statute, but that
nevertheless, have some bearing on the
proposal of a civil penalty in the
interests of justice and public safety in
order to achieve the purposes of
compliance. For purposes of calculating
the amount of civil penalties, FMCSA
has determined that corrective actions
taken by the violator and the timing of
those corrective actions are matters that
are included within this category and
may result in a reduction in the penalty.
See www.fmcsa.dot.gov/
penaltyassessments.
Violation Calculations
All calculations are made internally
within the UFA 4.0 software based on
the entries made by the user and the
points assigned. UFA will reduce
penalties for small businesses by 20
percent to comply with the Small
Business Regulatory Enforcement
Fairness Act, Public Law 104–121 (Mar.
29, 1996), codified in 5 U.S.C. 801, et
seq. (SBREFA) when such reductions
are applicable. FMCSA uses the Table of
Small Business Size Standards,
published periodically by the Small
Business Administration, to identify
small businesses.
FMCSA believes that a 20 percent
difference in penalties between large
and small businesses of similar
circumstances is a reasonable exercise
of the Agency’s discretion and balances
the principles of SBREFA with the

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requirement of 49 U.S.C. 521 to
calculate penalties that are designed to
induce further compliance with federal
laws and regulations. Section 223 of
SBREFA permits agencies to refrain
from reducing penalties for small
businesses in certain circumstances,
such as when a small business has been
subject to multiple enforcement actions
by the agency, when the small business
has engaged in willful or criminal
conduct, or when the violations pose
serious health, safety or environmental
threats.
FMCSA will not apply the 20 percent
reduction under SBREFA to a small
business whose conduct corresponds to
one of the exclusions listed in Section
223 of SBREFA. In addition to potential
reductions for small businesses,
reductions can occur to ensure that the
total penalty does not exceed the Gross
Revenue Cap. The UFA 4.0
methodology establishes a range of
penalties for each violation, and when
UFA reduces a penalty, it does so
proportionally, based upon the ranges
for each violation, rather than by a
percentage of the total civil penalty
assessment. Reductions must also take
into consideration statutory and
administrative minimum requirements.
A detailed explanation of the algorithm
used by UFA 4.0 to calculate penalties
is included in the ‘‘Explanation of
Calculations’’ document that will be
published at www.fmcsa.dot.gov/
penaltyassessments. The User Manual
that includes instructions for the use of
UFA 4.0, a public version of the UFA
software and FMCSA policies for the
assessment of penalties, are available on
the penalty assessment Web site at
www.fmcsa.dot.gov/penaltyassessments.
The public version of UFA 4.0 will be
modified to prevent accidental
submission of data to FMCSA
production databases.
Issued on: August 27, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013–21278 Filed 8–29–13; 11:15 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD 2013 0099]

Request for Comments of a Previously
Approved Information Collection
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

In compliance with the
Paperwork Reduction Act of 1995 (44

SUMMARY:

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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices

U.S.C. 3501 et seq.), this notice
announces that the Information
Collection abstracted below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The nature of the information
collection is described as well as 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 3, 2013. No comments were
received.
Comments must be submitted on
or before October 3, 2013.
FOR FURTHER INFORMATION CONTACT: Bill
Kurfehs, Maritime Administration, 1200
New Jersey Avenue SE., Washington,
DC 20590. Telephone: 202–366–2318 or
EMAIL: [email protected]. Copies of
this collection also can be obtained from
that office.
SUPPLEMENTARY INFORMATION: Maritime
Administration (MARAD).
Title: Voluntary Tanker Agreement
OMB Control Number: 2133–0505
Type of Request: Extension of
currently approved collection.
Affected Public: U.S.-flag and U.S.
citizen-owned vessels that are required
to respond under current statute and
regulation.
Form(s): MA–1060
Abstract: This collection of
information is used to gather
information on tanker operators who
agree to contribute, either by direct
charter to the Department of Defense or
to other participants tanker capacity as
requested by the Maritime
Administrator at such times and such
amounts as determined to be necessary
to meet the essential needs of DOD for
the transportation of petroleum and
petroleum products in bulk by sea. The
Voluntary Tanker Agreement is a
voluntary emergency preparedness
agreement in accordance with Section
708, Defense Production Act, 195, as
amended (50 U.S.C. App. 2158).
Annual Estimated Burden Hours: 15
hours
Addresses: Send comments regarding
these information collections to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 Seventeenth Street NW.,
Washington, DC 20503, Attention:
MARAD Desk Officer. Alternatively,
comments may be sent via email to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, at the following address:
[email protected].
Comments Are Invited On: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the

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agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility and clarity
of the information to be collected; and
(d) 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.
Authority: 49 CFR 1.93.
Issued in Washington, DC, on August 27,
2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–21335 Filed 8–30–13; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD 2013 0099]

Information Collection Available for
Public Comments and
Recommendations
Notice and request for
comments.

ACTION:

In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Maritime
Administration’s (MARAD’s) intention
to request extension of approval for
three years of a currently approved
information collection.
DATES: Comments should be submitted
on or before November 4, 2013.
FOR FURTHER INFORMATION CONTACT:
Patricia Ann Thomas, Maritime
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: 202–366–2646 or EMAIL:
[email protected]. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION: Maritime
Administration (MARAD).
Title of Collection: Merchant Marine
Medals and Awards.
Type of Request: Extension of
currently approved information
collection.
OMB Control Number: 2133–0506.
Form Numbers: None.
Expiration Date of Approval: Three
years from date of approval by the
Office of Management and Budget.
Summary of Collection of
Information: This information collection
of information provides a method of
SUMMARY:

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awarding merchant marine medals and
decorations to masters, officers, and
crew members of U.S. ships in
recognition of their service in areas of
danger during the operations by the
Armed Forces of the United States in
World War II, Korea, Vietnam, and
Operation Desert Storm.
Need and Use of the Information:
This information is used by MARAD
personnel to process and verify requests
for service awards.
Description of Respondents: Master,
officers and crew members of U.S.
ships.
Annual Responses: 550 responses.
Annual Burden: 550 hours.
Comments: Comments should refer to
the docket number that appears at the
top of this document. Written comments
may be submitted to the Docket Clerk,
U.S. DOT Dockets, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Comments also
may be submitted by electronic means
via the Internet at http://
www.regulations.gov. Specifically
address whether this information
collection is necessary for proper
performance of the functions of the
agency and will have practical utility,
accuracy of the burden estimates, ways
to minimize this burden, and ways to
enhance the quality, utility, and clarity
of the information to be collected. All
comments received will be available for
examination at the above address
between 10 a.m. and 5 p.m. EDT (or
EST), Monday through Friday, except
Federal Holidays. An electronic version
of this document is available on the
World Wide Web at http://
www.regulations.gov.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit http://www.regulations.gov.
Authority: 49 CFR 1.93.
By Order of the Maritime Administrator.
Dated: August 27, 2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–21334 Filed 8–30–13; 8:45 am]
BILLING CODE 4910–81–P

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