December 31, 2012, FR Notice (60-Day)

Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices

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costs means Federal funds held on
account over and above the certified
eligible monthly amount, which have
the potential to be used to offset
commuting costs in the future. Van pool
providers and/or operators that have
retained funds in excess of the allotted
monthly amount must return the excess
funds by April 27, 2013 or 120 days
from date of this notice, whichever is
greater. All excess funds should be
returned via the Web site www.pay.gov.
To remit payment via www.pay.gov, in
the ‘‘Find Public Forms’’ search box,
type ‘‘DOTWCF’’ in the search field and
select ‘‘DOT OST Working Capital Fund
Miscellaneous Payments’’ from the
query list. Complete all fields with the
requested information. In the ‘‘reason
for payment’’ field, select ‘‘other’’ and
enter the following statement in the
information box: ‘‘Unused van pool
funding by federal participants.’’ At the
same time the funds are returned via
www.pay.gov, the following information
should also be transmitted via email to
[email protected], to assist the
responsible agency in auditing
transaction activity: 1
i. Name and location of vanpool
operator
ii. Funds origin, to include agency
and location
iii. Dollars segregated by agency
The email subject line should state
‘‘Pay.gov Van Pool Funds Remittance.’’
Also include a copy of the emailed
receipt you receive from www.pay.gov.
Van Pool providers and/or operators
shall encrypt the data in order to protect
it during transmission. Once received,
DOT shall handle the data in
accordance with the security controls
identified in the DOT’s System of
Records Notice, DOT/ALL 8 Employee
Transportation Facilitation, 65 FR 19482
(April 11, 2000).
III. Minimum Internal Controls
To ensure that funds are not
accumulated in excess of the allotted
monthly amount, we have also worked
with other federal agencies to develop
the following internal controls for the
management of the Federal Transit
Benefit Program. These controls will
ensure effective and efficient operations,
reliability of financial reporting, and
compliance with applicable laws and
regulations. The controls are provided
as tools to help federal transit benefit
program and financial managers achieve
results and safeguard the integrity of
their programs. Federal agency program
administration should be built around
1 Pursuant to 5 CFR 1320.3(h), this is not
considered to be information as defined under the
Paperwork Reduction Act, 44 U.S.C. chapter 35.

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these core principles and monitored
accordingly. The internal controls listed
are general controls and agency policy
and procedure may be more prescriptive
with the following internal controls
serving as the minimum standard. For
the purposes of this notice with respect
to the minimum internal controls, the
following definitions are applicable:
Federal Van Pool Driver—an
individual owner or transportation
servicer of a qualified IRS van pool and/
or a Federal employee operating a
vehicle. The Federal Van Pool Driver
may be the primary member listed for
qualified parking.
Federal Van Pool Operator—an
individual having primary
responsibility as identified through a
contractual relationship with the Van
Pool Provider. The Federal Van Pool
operator may be the primary member
listed for qualified parking.
Federal Van Pool Provider—an entity
which contractually offers the use of a
vehicle (van) to a Federal Van Pool
Operator meeting the van pool
qualifications set forth in 26 CFR
§ 1.132–9 26.
The minimum internal controls
include the following:
1. The agency transit benefit program
must provide the ability for all
participants to adjust the monthly
transit benefit amount.
2. With respect to van pools, the
agency transit benefit program manager
should verify that the van pool is
registered or certified by the local transit
authority, where applicable. While
agency transit benefit program managers
have no authority to require van pool
registration or certification by local
transit authorities, some State and local
transit authorities require van pool
registration and certification. This
administrative process should be
leveraged to ensure statutory and
regulatory compliance as well as transit
authority compliance.
3. The agency transit benefit program
manager should maintain a list of van
pool vendors utilized by agency
participants, to include the name of the
driver or operator, van pool business
name, address, and phone number. The
list of van pool vendors, with driver and
operator identified, should be cross
referenced and validated to ensure
consistency and accuracy with the
agency van pool participants receiving
the transit benefit. Van pool operators or
drivers are to provide this information
directly to the agency transit benefit
program manager.
4. Van pool drivers and operators who
use qualified parking consistent with 26
CFR 1.132–9, or are named on a
workplace parking permit, are not

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eligible to receive the transit benefit.
However, the allowable cost for the
driver and/or operator may be covered
as part of the operating expenses
attributed to the van pool.
5. The transit benefit cannot be used
to hold a seat on the van pool in the
event of participant absence. All
participants must utilize the van pool
for commuting to and from work at least
50% of eligible work days.
6. The van pool must seat a minimum
of 6 passengers (not including the
driver), and must have at least 50% of
the adult seating capacity of the vehicle
(not including the driver) used for the
transportation of employees to and from
work representing 80% of the usage of
the van.
7. The agency transit benefit program
manager must be provided a published
price list by the Federal van pool driver
or operator, which is applicable to all
riders (federal and non-federal). As
established by the Federal van pool
driver or operator, the published costs
should include all necessary fees.
Updated price lists should be provided
to the agency transit benefit program
manager as prices are changed or
modified.
8. In the event a transit program
receives a rider subsidy from a transit
authority, the appropriate participant
offset must be applied to the individual
monthly benefit amount.
9. A van pool invoice or receipt is
required to document the actual
commuting cost for individual van pool
participants.
The internal controls described above
should prevent individuals from
accruing transit benefits in excess of the
allotted monthly amount, as required by
26 CFR 1.132–9.
Issued in Washington, DC on December 27,
2012.
Marie Petrosino-Woolverton,
Director, Office of Financial Management &
Transportation Services.
[FR Doc. 2012–31384 Filed 12–28–12; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2012–0006–N–18]

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

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77182

Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices

In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
approval of the following proposed
information collection activities. Before
submitting this proposed information
collection request (ICR) for clearance by
the Office of Management and Budget
(OMB), FRA is soliciting public
comment on specific aspects of the
activities identified below.
DATES: Comments must be received no
later than March 1, 2013.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130-New’’
and should also include the title of the
collection of information. Alternatively,
comments may be transmitted via
facsimile to (202) 493–6216 or (202)
493–6497, or via email to Mr. Brogan at
[email protected], or to Ms. Toone
at [email protected]. Please refer
to the assigned OMB control number in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., 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., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUMMARY:

The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, § 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
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)-(iv); 5 CFR
1320.8(d)(1)(I)-(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
proposed Information Collection
Request (ICR) that FRA will submit for
clearance by OMB as required under the
PRA:
Title: Electronic Device Distraction
(EDD) Survey

SUPPLEMENTARY INFORMATION:

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CFR section
Form FRA F 6180.158 .........................................................................................

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11,000 Railroad Employees.

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OMB Control Number: 2130-New
Abstract: Operating railroad
equipment while being distracted by the
use of electronic devices (e.g., phones,
game consoles, personal computers,
etc.) is known to be a factor in some
accidents and suspected of being the
cause of many others in the railroad
industry. It is also known that such use
is dangerous, as evidenced by several
high profile accidents in the railroad
industry, and by research on distraction
in other transportation modes.
Consequently, the Department of
Transportation (DOT) and the Federal
Railroad Administration (FRA) have a
keen interest in devising counter
measures to reduce the incidence of
electronic device distraction (EDD) in
the railroad industry. In order to devise
effective countermeasures, FRA believes
a survey of select rail employees would
be extremely beneficial. Therefore, FRA
proposes to sample railroad employees
spread across the jobs of conductors,
engineers, signalmen, maintenance of
way, car repair personnel, machinists,
and supervisors. The agency’s interest is
shared by rail labor and management
representatives, who are strongly
supporting this survey and cooperating
in its administration. All involved
realize that effective counter measures
to EDD must be based on a trustworthy
understanding of the following: (1) Who
is engaged in EDD, (2) under what
circumstances they use these devices,
(3) which devices are used, (4) reasons
for use, and (5) frequency of use for each
kind of device. Effective interventions
cannot be designed, implemented, or
evaluated without accurate information
on these topics. The proposed survey is
designed to provide this information,
first as a baseline, and, in four
subsequent years, as a way of tracking
and evaluating change. For reasons of
effectiveness and efficiency, the survey
will be conducted primarily via the
Web, augmented as needed with email
communications.
Form Number(s): FRA F 680.158.
Affected Public: Railroad Employees.
Respondent Universe: 11,000 Railroad
Employees.
Frequency of Submission: On
occasion.
Reporting Burden:
Respondent
universe

Total annual
responses

11,000 forms/
surveys.

20 minutes ...

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Average Time
per response
3,667

Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
Total Responses: 11,000.
Estimated Total Annual Burden:
3,667 hours.
Type of Request: Approval of a New
Information Collection.
Status: Regular Review.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. §§ 3501–3520.
Issued in Washington, DC on December 21,
2012.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad
Administration.
[FR Doc. 2012–31382 Filed 12–28–12; 8:45 am]
BILLING CODE 4910–06–P

member organizations, representing
various rail industry perspectives. In
addition, there are non-voting advisory
representatives from the agencies with
railroad safety regulatory responsibility
in Canada and Mexico, the National
Transportation Safety Board, and the
Federal Transit Administration. The
diversity of the Committee ensures the
requisite range of views and expertise
necessary to discharge its
responsibilities. See the RSAC Web site
for details on prior RSAC activities and
pending tasks at: http://rsac.fra.dot.gov/
. Please refer to the notice published in
the Federal Register on March 11, 1996
(61 FR 9740), for additional information
about the RSAC.

On December 12, 2012, Union Pacific
Railroad Company (UP) and Santa Clara
Valley Transportation Authority
(SCVTA) jointly filed with the Surface
Transportation Board (Board) a petition
under 49 U.S.C. 10502 for exemption
from the provisions of 49 U.S.C. 10903
for UP to abandon its freight operating
easement on, and for SCVTA, the owner
of the line, to abandon its residual
common carrier obligation for, a portion
of the San Jose Industrial Lead between
mileposts 5.38 and 7.35 near the Warm
Springs freight rail station in the City of
Fremont, a distance of 1.97 miles, in
Alameda County, Cal. Petitioners state
that the involved segment of rail line is
contiguous to the segment between
mileposts 7.35 and 16.30 in Alameda
and Santa Clara Counties, Cal., for
which the Board granted abandonment
authority in July 2012.1 The line

traverses United States Postal Service
Zip Codes 94538 and 94539.
In addition to an exemption from the
provisions of 49 U.S.C. 10903,
petitioners seek an exemption from 49
U.S.C. 10904 (offer of financial
assistance (OFA) provisions) and 49
U.S.C. 10905 (public use provisions). In
support, petitioners state that the line is
to be abandoned for freight rail service,
but will be retained and rebuilt for
future inclusion in the Bay Area Rapid
Transit System. Petitioners assert that
the right-of-way is thus needed for a
valid public purpose and that there is
no overriding public need for continued
freight rail service. These requests will
be addressed in the final decision.
According to petitioners, the line does
not contain Federally granted rights-ofway. Any documentation in petitioners’
possession will be made available
promptly to those requesting it.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
By issuance of this notice, the Board
is instituting an exemption proceeding
pursuant to 49 U.S.C. 10502(b). A final
decision will be issued by April 1, 2013.
Any OFA under 49 CFR 1152.27(b)(2)
will be due no later than 10 days after
service of a decision granting the
petition for exemption. Each OFA must
be accompanied by a $1,600 filing fee.
See 49 CFR 1002.2(f)(25).
All interested persons should be
aware that, following abandonment of
rail service and salvage of the line, the
line may be suitable for other public
use, including interim trail use. Any
request for a public use condition under
49 CFR 1152.28 or for trail use/rail
banking under 49 CFR 1152.29 will be
due no later than January 22, 2013. Each
trail use request must be accompanied
by a $250 filing fee. See 49 CFR
1002.2(f)(27).
All filings in response to this notice
must refer to Docket Nos. AB 33 (SubNo. 309X) and AB 980 (Sub-No. 2X) and
must be sent to: (1) Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001; and (2)
petitioners’ representatives, Mack H.
Shumate, Jr., 101 North Wacker Drive,
Suite 1920, Chicago, IL 60606 (UP), and
Allison I. Fultz, 1001 Connecticut Ave.
NW., Suite 800, Washington, DC 20036
(SCVTA). Replies to the petition are due
on or before January 22, 2013.

1 See Union Pac. R.R.—Aban. of Freight
Easement—in Alameda and Santa Clara Cntys.
Cal., AB 33 (Sub-No. 303X) and Santa Clara Valley

Transp. Auth.—Aban. of Common Carrier Service—
in Alameda and Santa Clara Counties, Cal., AB 980
(Sub-No. 1X) (STB served July 23, 2012).

Issued in Washington, DC, on December
31, 2012.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–31383 Filed 12–28–12; 8:45 am]

DEPARTMENT OF TRANSPORTATION

BILLING CODE 4910–06–P

Federal Railroad Administration
[Docket No. FRA–2000–7257; Notice No. 73]

Railroad Safety Advisory Committee;
Notice of Meeting Postponement
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Railroad Safety
Advisory Committee (RSAC) Meeting
Postponement.
AGENCY:

FRA recently announced the
forty-eighth meeting of the RSAC, a
Federal Advisory Committee that
develops railroad safety regulations
through a consensus process (77 FR
73734). This meeting has been
postponed until further notice and will
be rescheduled at a future date.
DATES: The RSAC meeting scheduled to
commence at 9:30 a.m. on Wednesday,
January 9, 2013, is hereby postponed
and will be rescheduled at a future date.
ADDRESSES: To be rescheduled at a
future date and location.
FOR FURTHER INFORMATION CONTACT:
Larry Woolverton, RSAC Administrative
Officer/Coordinator, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6212;
or Robert Lauby, Deputy Associate
Administrator for Regulatory and
Legislative Operations, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6474.
SUPPLEMENTARY INFORMATION: The RSAC
was established to provide advice and
recommendations to FRA on railroad
safety matters. The RSAC is composed
of 54 voting representatives from 32

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SUMMARY:

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 309X);
Docket No. AB 980 (Sub-No. 2X)]

Union Pacific Railroad Company—
Abandonment of Freight Easement
Exemption—in Alameda County, Cal.
(San Jose Industrial Lead); Santa Clara
Valley Transportation Authority—
Abandonment of Residual Common
Carrier Obligation Exemption—in
Alameda County, Cal. (San Jose
Industrial Lead)

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