December 21, 2016, FR Notice (60-Day)

Dec. 21, 2016, FR Notice (RWD 60-Day).pdf

Railworthiness Directive for Certain Tank Cars Equipped with Bottom Outlet Valve Assembly and Constructed by American Railcar Industries and ACF Industries

December 21, 2016, FR Notice (60-Day)

OMB: 2130-0616

Document [pdf]
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Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is to extend an
established pilot program for an
additional six months and continue to
facilitate OTP Holders ability to close
positions in worthless or not actively
traded series.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 8 and Rule
19b–4(f)(6) thereunder.9 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 10 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),11 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the Pilot Program may continue without
interruption. The Commission believes
that the proposed rule change is
consistent with the protection of
investors and the public interest
because it will allow the pilot to
continue uninterrupted, thereby
avoiding any potential investor
confusion that could result from a
asabaliauskas on DSK3SPTVN1PROD with NOTICES

8 15

U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
9 17

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temporary interruption in the pilot and
allowing members to continue to benefit
from the Pilot Program. Based on the
foregoing, the Commission hereby
waives the 30-day operative delay and
designates the proposal operative upon
filing.12
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 13 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.

Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEARCA–2016–163 and should be
submitted on or before January 11, 2017.

IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.

Electronic Comments
• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to [email protected]. Please include File
Number SR–NYSEARCA–2016–163 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEARCA–2016–163.
This file number should be included on
the subject line if email is used. To help
the Commission process and review
your comments more efficiently, please
use only one method. The Commission
will post all comments on the
Commission’s Internet Web site (http://
www.sec.gov/rules/sro.shtml). Copies of
the submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
12 For purposes only of waiving the operative
delay of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
13 15 U.S.C. 78s(b)(2)(B).

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[FR Doc. 2016–30688 Filed 12–20–16; 8:45 am]
BILLING CODE 8011–01–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2016–0002–N–26]

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

On October 18, 2016, under
its emergency processing procedures,
the Office of Management and Budget
(OMB) approved the information
collection activities associated with
FRA’s Railworthiness Directive No.
2016–01. This 6-month approval expires
on April 30, 2017. Since OMB’s
approval of the information collection
activities associated with
Railworthiness Directive No. 2016–01,
on November 18, 2016, FRA issued a
revised Railworthiness Directive which
supersedes the original Directive. FRA
is now seeking approval for the revised
information collection activities and
associated burden listed below. Before
submitting this information collection
request (ICR) to OMB for approval, FRA
is soliciting public comment on specific

SUMMARY:

14 17

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Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

aspects of the activities, which are
identified in this notice.
DATES: Comments must be received no
later than February 21, 2017.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 25, Washington,
DC 20590; or Ms. Kim Toone,
Information Collection Clearance
Officer, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey
Avenue 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
2130–0616.’’ Alternatively, comments
may be faxed to (202) 493–6216 or (202)
493–6497, or emailed to Mr. Brogan at
[email protected], or 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, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Safety Analysis
Division, RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 25, Washington,
DC 20590 (telephone: (202) 493–6292)
or Ms. Kim Toone, Information
Collection Clearance Officer, Office of
Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Avenue SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll free.)
SUPPLEMENTARY INFORMATION: The PRA,
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 to
allow comment on information
collection activities before seeking OMB
approval to implement them. 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Accordingly,
FRA invites interested persons to
comment on the following summary of
proposed information collection
activities regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (2)
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; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques and 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 soliciting public
comment will promote its efforts to
reduce the administrative and
paperwork burdens associated with the
collection of information that its actions
mandate. In summary, FRA reasons that
comments received will advance three
objectives: (1) Reduce reporting
burdens; (2) organize information
collection requirements in a ‘‘userfriendly’’ format to improve the use of
such information; and (3) accurately
assess the resources expended to
retrieve and produce information
requested. See 44 U.S.C. 3501.
Below is a brief summary of currently
approved information collection
activities that FRA will submit for
clearance by OMB as required under the
PRA:
Title: RAIL WORTHINESS
DIRECTIVE (RWD) RWD No. 2016–01

[REVISED] (previously approved by
OMB under the title Railworthiness
Directive for Certain Tank Cars
Equipped with Bottom Outlet Valve
Assembly and Constructed by American
Railcar Industries and ACF Industries).
OMB Control Number: 2130–0616.
Abstract: An FRA investigation
identified a certain design of
specification DOT–111 tank cars that
American Railcar Industries, Inc. (ARI)
and ACF Industries, LLC (ACF)
manufactured using welding practices
not in conformance with Federal
regulations and Association of
American Railroads’ welding
specifications. The cars are built to the
ARI and ACF 300 stub sill design and
are equipped with a two-piece cast
sump and bottom outlet valve (BOV)
skid. As a result of the nonconforming
welding practices, these cars may have
substantial weld defects at the sump
and BOV skid groove attachment welds,
potentially affecting each tank car tank’s
ability to retain its contents during
transportation. On September 30, 2016,
FRA issued Railworthiness Directive
No. 2016–01. On November 18, 2016,
FRA issued a revised Railworthiness
Directive (Revised Directive) on its Web
site to all owners of ARI or ACF general
purpose tank cars in the United States
manufactured to this design. This ICR
applies to the Revised Directive. The
Revised Directive generally requires
owners to: (1) Identify tank cars in their
fleet covered by this Revised Directive;
and (2) ensure appropriate inspection
and testing of each tank car’s sump and
BOV skid attachment welds to ensure
no flaw exists that could result in the
loss of tank integrity.
Form Number(s): N/A.
Affected Public: Businesses (tank car
owners, shippers, and tank car
facilities).
Respondent Universe: 100 tank car
owners.
Frequency of Submission: One-time;
on occasion.
Affected Public: Businesses.
Reporting Burden:

Section of RWD No. 2016–01
[REVISED]

Respondent universe

Total annual responses

Average time per
response

Identification of tank cars covered by the directive for certain railroad tank cars equipped
with bottom outlet valve assembly and constructed by American Railcar Industries and
ACF Industries (14,800 cars).
Visual inspection of sump weld area of all tank
cars identified under this directive (performed
prior to each loaded trip)
Inspect and test sump and BOV skid groove as
stipulated in directive and maintain record results.

20 tank car owners
(100 lessees/sub-lessees).

20 ID reports ................

4 hours .........................

80

20 tank car owners
(100 lessees/sub-lessees).
20 tank car owners
(100 lessees/sub-lessees).

88,800 inspections/
records.

5 min ............................

7,400

2,200 records ...............

3 hours .........................

6,600

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Total annual
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Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices
Section of RWD No. 2016–01
[REVISED]
Personnel qualification and certification check
(100 tank car mechanics).
Train and test tank car mechanics who are ‘‘not
qualified’’ on NDT procedures and record
qualification (1⁄3 of the 100 tank car mechanics).
Tank car owner notification to all parties under
contract to car owner, including lessees and/
or sub-lessees, using cars subject to directive
of terms of this directive and inspection/testing
schedule.
Report of inspection, test, and repair information
stipulated in paragraph 2(g) of directive to
FRA.
Repairs: 15 percent of relevant tank fleet of
14,800 cars—record and report of repairs to
tank car owners.
Tank car facility request to tank car owner for
written permission and approval of qualification and maintenance program it will use consistent with Appendices D, R, and W of the
Tank Car Manual and 49 CFR 180.513 prior
to initiating any repairs.
Tank car facility report of all work performed to
tank car owner

Total Estimated Annual Responses:
93,823.
Total Estimated Annual Burden:
22,924 hours.
Type of Request: Regular clearance of
an information collection previously
approved under emergency processing
procedures.
Under 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 8,
2016.
Patrick T. Warren,
Acting Executive Director.
[FR Doc. 2016–30740 Filed 12–20–16; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Limitation on Claims Against Proposed
Public Transportation Project
Federal Transit Administration
(FTA), DOT.
ACTION: Notice.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

AGENCY:

This notice announces final
environmental actions taken by the
Federal Transit Administration (FTA)
for a project in Chapel Hill and Durham,
NC. The purpose of this notice is to
announce publicly the environmental

SUMMARY:

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Respondent universe

Total annual responses

Average time per
response

10 tank car facility operators.
10 tank car facility operators.

100 checks ...................

15 min ..........................

25

33 trained and tested
mechanics.

4 hours .........................

132

20 tank car owners
(100 lessees/sub-lessees).

100 notices ...................

1 hour ...........................

100

20 tank car owners
(100 lessees/sub-lessees).
10 tank car facility operators.

2,200 reports ................

90 min. per car/report ..

3,300

330 car reports/records

16 hours .......................

5,280

10 tank car facility operators.

20 requests + 20 written permissions.

10 min. + 10 min ..........

7

10 tank car facility operators.

Burden included directly
above.

N/A ...............................

N/A

decisions by FTA on the subject project
and to activate the limitation on any
claims that may challenge these final
environmental actions.
DATES: By this notice, FTA is advising
the public of final agency actions
subject to Section 139(l) of Title 23,
United States Code (U.S.C.). A claim
seeking judicial review of FTA actions
announced herein for the listed public
transportation project will be barred
unless the claim is filed on or before
May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Nancy-Ellen Zusman, Assistant Chief
Counsel, Office of Chief Counsel, (312)
353–2577 or Meghan Kelley,
Environmental Protection Specialist,
Office of Environmental Programs, (202)
366–6098. FTA is located at 1200 New
Jersey Avenue SE., Washington, DC
20590. Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FTA has taken final
agency actions by issuing certain
approvals for the public transportation
project listed below. The actions on the
project, as well as the laws under which
such actions were taken, are described
in the documentation issued in
connection with the project to comply
with the National Environmental Policy
Act (NEPA) and in other documents in
the FTA administrative record for the
project. Interested parties may contact
either the project sponsor or the relevant
FTA Regional Office for more
information. Contact information for

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Total annual
burden hours

FTA’s Regional Offices may be found at
https://www.fta.dot.gov.
This notice applies to all FTA
decisions on the listed project as of the
issuance date of this notice and all laws
under which such actions were taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303], Section 106 of the
National Historic Preservation Act [16
U.S.C. 470f], and the Clean Air Act [42
U.S.C. 7401–7671q]. This notice does
not, however, alter or extend the
limitation period for challenges of
project decisions subject to previous
notices published in the Federal
Register. The project and actions that
are the subject of this notice are:
Project name and location: DurhamOrange Light Rail Transit Project North
Carolina Central University Station
Refinement, Chapel Hill and Durham,
NC. Project sponsor: Research Triangle
Regional Public Transportation
Authority d/b/a Triangle Transit
Authority d/b/a GoTriangle. Project
description: The proposed project
evaluates the inclusion of the North
Carolina Central University Station
Refinement into the Durham-Orange
Light Rail Transit (D–O LRT) Project.
The D–O LRT Project was originally
evaluated in a combined Final
Environmental Impact Statement/
Record of Decision, dated February 11,
2016. The proposed project would
extend the alignment of the D–O LRT
Project 0.7 miles south of a reconfigured
Alston Avenue Station, over Durham
Freeway/North Carolina Highway 147,

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