30-day Federal Register Notice

79 Fed. Reg. 2249.pdf

Petitions for Declaratory Order

30-day Federal Register Notice

OMB: 2140-0031

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Notices
0275; FMCSA–2011–0298; FMCSA–
2011–0299 and click ‘‘Search.’’ Next,
click ‘‘Open Docket Folder’’ and you
will find all documents and comments
related to the proposed rulemaking.
Dated: December 17, 2013.
Larry W. Minor,
Associate Administrator for Policy.

Description of Collections

[FR Doc. 2014–00363 Filed 1–10–14; 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: complaints and petitions.

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
approval of the following information
collections: (1) Complaints under 49
U.S.C. 721, 10701–10707, 11101–11103,
11701–11707 (rail), and 14701–14707
(motor, water & intermediaries), and
15901–15906 (pipelines) and 49 CFR
1111; 1 (2) petitions for declaratory
orders under 5 U.S.C. 554(e) and 49
U.S.C. 721; and (3) ‘‘catch all’’ petitions
(for relief not otherwise specified) under
49 U.S.C. 721 and 49 CFR 1117. Under
these statutory and regulatory sections,
the Board provides procedures for
persons to make a broad range of claims
and to seek a broad range of remedies
before the Board. The Board previously
published a notice about this collection
in the Federal Register on April 22,
2013, at 78 FR 23826 (60-day notice).
That notice allowed for a 60-day public
review and comment period. No
comments were received.
The information collections relevant
to these complaints and petitions are
described separately below. Regarding
any of these collections, 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

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SUMMARY:

1 In its 60-day notice, the Board inadvertently
failed to include the statutory sections 49 U.S.C.
11101–11103, 14701–14707 and 15901–15906.
Under these sections of the Interstate Commerce
Act (49 U.S.C. 10101–16106) (ICA), persons may
bring complaints against non-rail carriers.

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information technology, when
appropriate; and (4) whether the
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility.
Collection Number 1
Title: Complaints Under 49 CFR 1111.
OMB Control Number: 2140–00XX.
STB Form Number: None.
Type of Review: Existing collection in
use without an OMB control number.
Respondents: Affected shippers,
carriers, communities, and other
persons that seek redress for alleged
violations related to unreasonable rates,
unreasonable practices, service issues,
and other statutory claims.
Number of Respondents: 4.
Frequency: On occasion. In Fiscal
Year (FY) 2012, there were 5 complaints
of this type filed with the Board by
respondents.
Total Burden Hours (annually
including all respondents): 2,335 hours
(estimated hours per complaint (467) ×
number of FY 2012 complaints (5)).
Total ‘‘Non-Hour Burden’’ Cost (such
as printing, mailing, and messenger
costs): $7,310 (estimated ‘‘non-hour
burden’’ cost per complaint ($1,462) ×
number of FY 2012 responses (5)).
Needs and Uses: Under the Board’s
regulations, persons may file complaints
before the Board seeking redress for
alleged violations of provisions of the
ICA. In the last few years, the most
significant complaints filed at the Board
have alleged that a railroad is charging
unreasonable rates or that it is engaging
in an unreasonable practice. See, e.g., 49
U.S.C 10701, 10704, 11701, 14701,
15901. The collection by the Board of
these and other complaints, and the
agency’s action in conducting
proceedings and ruling on the
complaints, enables the Board to meet
its statutory duty to grant relief from
statutory violations (i.e., unreasonable
rates and practices).
Collection Number 2
Title: Petitions for Declaratory Orders.
OMB Control Number: 2140–00XX.
STB Form Number: None.
Type of Review: Existing collection in
use without an OMB control number.
Respondents: Affected shippers,
carriers, communities, and other
persons that seek a declaratory order
from the Board to terminate a
controversy or remove uncertainty.
Number of Respondents: 7.
Frequency: On occasion. In FY 2012,
there were 7 petitions of this type filed
with the Board by respondents.

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Total Burden Hours (annually
including all respondents): 1,281 hours
(estimated hours per petition (183) ×
number of petitions (7)).
Total ‘‘Non-Hour Burden’’ Cost (such
as printing, mailing, and messenger
costs): $8,652 (estimated ‘‘non-hour
burden’’ cost per petition ($1,236) ×
number of petitions (7)).
Needs and Uses: Under 5 U.S.C.
554(e) and 49 U.S.C. 721, the Board may
issue a declaratory order to terminate a
controversy or remove uncertainty.
Petitions for declaratory order cover a
broad range of requests. In recent years,
petitions filed with the Board have
sought declaratory orders on issues such
as whether the provisions of the ICA
and the Board’s regulations preempt
state and local laws (i.e., local
permitting and land use laws) and even
whether certain railroad practices are
appropriate and legal. The collection by
the Board of these petitions for
declaratory order helps the Board to
more efficiently meet its statutory duty
to regulate the rail industry.
Collection Number 3
Title: Petitions for relief not otherwise
provided.
OMB Control Number: 2140–00XX.
STB Form Number: None.
Type of Review: Existing collections
in use without an OMB control number.
Respondents: Affected shippers,
carriers, communities, and other
persons that seek relief from violations
of the ICA that are not otherwise
specifically provided for under the
Board’s other regulatory provisions.
Number of Respondents: 6.
Frequency: On occasion. In FY 2012,
there were 9 petitions of this type filed
with the Board by respondents.
Total Burden Hours (annually
including all respondents): 220.5 hours
(estimated hours per petition (24.5) ×
number of petitions (9)).
Total ‘‘Non-Hour Burden’’ Cost (such
as printing, mailing, and messenger
costs): $630 (estimated ‘‘non-hour
burden’’ cost per petition ($70) ×
number of petitions (9)).
Needs and Uses: Under 49 U.S.C. 721
and 49 CFR 1117 (the Board’s catch all
petition provision), shippers, carriers,
and the public in general may seek relief
(such as waivers of the Board’s
regulations) not otherwise specifically
provided for under the Board’s other
regulatory provisions. Under § 1117.1,
such petitions should contain three
items: (a) A short, plain statement of
jurisdiction, (b) a short, plain statement
of petitioner’s claim, and (c) request for
relief. The collection by the Board of
these petitions enables the Board to
more fully meet its statutory duty to

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Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Notices

regulate the rail industry by granting
relief to respondents.
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.
DATES: Comments on this information
collection should be submitted by
February 12, 2014.
ADDRESSES: Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Surface Transportation
Board’’ and should identify the
collection(s) that the comments address.
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 to oira—submission@
omb.eop.gov or faxed to them at (202)
395–6974.
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: 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. Section 3507(b) of
the PRA requires, 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: January 8, 2014.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014–00387 Filed 1–10–14; 8:45 am]

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BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY
Debt Management Advisory Committee
Meeting
Notice is hereby given, pursuant to 5
U.S.C. App. 2, section 10(a)(2), that a

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meeting will be held at the Hay-Adams
Hotel, 16th Street and Pennsylvania
Avenue NW., Washington, DC, on
February 4, 2014 at 11:30 a.m. of the
following debt management advisory
committee:
Treasury Borrowing Advisory Committee
of The Securities Industry and Financial
Markets Association.

The agenda for the meeting provides
for a charge by the Secretary of the
Treasury or his designate that the
Committee discuss particular issues and
conduct a working session. Following
the working session, the Committee will
present a written report of its
recommendations. The meeting will be
closed to the public, pursuant to 5
U.S.C. App. 2, section 10(d) and Public
Law 103–202, section 202(c)(1)(B) (31
U.S.C. 3121 note).
This notice shall constitute my
determination, pursuant to the authority
placed in heads of agencies by 5 U.S.C.
App. 2, section 10(d) and vested in me
by Treasury Department Order No. 101–
05, that the meeting will consist of
discussions and debates of the issues
presented to the Committee by the
Secretary of the Treasury and the
making of recommendations of the
Committee to the Secretary, pursuant to
Public Law 103–202, section
202(c)(1)(B). Thus, this information is
exempt from disclosure under that
provision and 5 U.S.C. 552b(c)(3)(B). In
addition, the meeting is concerned with
information that is exempt from
disclosure under 5 U.S.C. 552b(c)(9)(A).
The public interest requires that such
meetings be closed to the public because
the Treasury Department requires frank
and full advice from representatives of
the financial community prior to
making its final decisions on major
financing operations. Historically, this
advice has been offered by debt
management advisory committees
established by the several major
segments of the financial community.
When so utilized, such a committee is
recognized to be an advisory committee
under 5 U.S.C. App. 2, section 3.
Although the Treasury’s final
announcement of financing plans may
not reflect the recommendations
provided in reports of the Committee,
premature disclosure of the Committee’s
deliberations and reports would be
likely to lead to significant financial
speculation in the securities market.
Thus, this meeting falls within the
exemption covered by 5 U.S.C.
552b(c)(9)(A).
Treasury staff will provide a technical
briefing to the press on the day before
the Committee meeting, following the
release of a statement of economic

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conditions and financing estimates. This
briefing will give the press an
opportunity to ask questions about
financing projections. The day after the
Committee meeting, Treasury will
release the minutes of the meeting, any
charts that were discussed at the
meeting, and the Committee’s report to
the Secretary.
The Office of Debt Management is
responsible for maintaining records of
debt management advisory committee
meetings and for providing annual
reports setting forth a summary of
Committee activities and such other
matters as may be informative to the
public consistent with the policy of 5
U.S.C. 552(b). The Designated Federal
Officer or other responsible agency
official who may be contacted for
additional information is Fred
Pietrangeli, Director for Office of Debt
Management (202) 622–1876.
Dated: January 7, 2014.
Matthew S. Rutherford,
Assistant Secretary, (Financial Markets).
[FR Doc. 2014–00298 Filed 1–10–14; 8:45 am]
BILLING CODE 4810–25–M

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900—NEW]

Wrist Conditions Disability Benefits;
Correction
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice; correction.
AGENCY:

The Department of Veterans
Affairs (VA) published an information
collection notice in a Federal Register
on November 15, 2013 (78 FR 689), that
omitted 60-day Federal Register notice
information. This document corrects the
error by adding the Federal Register
notice information.
FOR FURTHER INFORMATION CONTACT:
Crystal Rennie, Enterprise Records
Service (005R1B), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, at (202)
632–7492.
SUMMARY:

Correction
In FR Doc. 2013–27395, published on
November 15, 2013, at 78FR68905,
make the following corrections.
On page 68906, in the first column,
under the SUPPLEMENTARY INFORMATION
section heading, above the Affected
Public heading, add the following
information:
‘‘An agency may not conduct or
sponsor, and a person is not required to

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