60-Day Notice

82 FR 18828_60-day Notice.pdf

Rulemaking, Special Permits, and Preemption Requirements

60-Day Notice

OMB: 2137-0051

Document [pdf]
Download: pdf | pdf
18828

Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

among the 6,316 sampled respondents,
it is anticipated that 6,000 respondents
would complete the full survey. The
estimated burden for the full survey,
which would average 19 minutes in
length, is 1,900 hours (6,000 * 19
minutes = 114,000 minutes/60 = 1,900
hours). The participants would not
incur any reporting cost from the
information collection. The participants
would also not incur any record keeping
burden or record keeping cost from the
information collection. The overall
estimated burden for this data collection
is 170 hours for the screener and 1,900
hours for the full survey for a total of
2,070 hours.
Authority: 44 U.S.C. Section 3506(c)(2)(A).
Issued in Washington, DC, on April 18,
2017.
Jeff Michael,
Associate Administrator, Research and
Program Development.
[FR Doc. 2017–08075 Filed 4–20–17; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2017–0018 (Notice No.
2017–01)]

Hazardous Materials: Information
Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on 11
information collections pertaining to
hazardous materials transportation for
which PHMSA intends to request
renewal from the Office of Management
and Budget.
DATES: Interested persons are invited to
submit comments on or before June 20,
2017.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2017–0018 (Notice No. 2017–
01) by any of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE., Washington,
DC 20590.

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SUMMARY:

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• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2017–0018) for this
notice at the beginning of the comment.
To avoid duplication, please use only
one of these four methods. All
comments received will be posted
without change to the Federal Docket
Management System (FDMS) and will
include any personal information you
provide.
Requests for a copy of an information
collection should be directed to Steven
Andrews or T. Glenn Foster, Standards
and Rulemaking Division, (202) 366–
8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the dockets to
read background documents or
comments received, go to http://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews or T. Glenn Foster,
Standards and Rulemaking Division,
(202) 366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8 (d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies information
collection requests that PHMSA will be
submitting to the Office of Management
and Budget (OMB) for renewal and
extension. These information
collections are contained in 49 CFR
171.6 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments

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based on changes in proposed or final
rules published since the information
collections were last approved. The
following information is provided for
each information collection: (1) Title of
the information collection, including
former title if a change is being made;
(2) OMB control number; (3) summary
of the information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a 3-year term of approval for
each information collection activity and
will publish a notice in the Federal
Register upon OMB’s approval.
PHMSA requests comments on the
following 11 information collections:
1. Title: Hazardous Materials Security
Plans.
OMB Control Number: 2137–0612.
Summary: To assure public safety,
shippers and carriers must take
reasonable measures to plan and
implement procedures to prevent
unauthorized persons from taking
control of, or attacking, hazardous
materials shipments. Part 172 of the
HMR requires persons who offer or
transport certain hazardous materials to
develop and implement written plans to
enhance the security of hazardous
materials shipments. The security plan
requirements as prescribed in
§ 172.800(b) apply to specific types of
shipments. Such shipments include but
are not limited to: Shipments greater
than 3,000 kg (6,614 pounds) for solids
or 3,000 liters (792 gallons) for liquids
and gases in a single packaging such as
a cargo tank motor vehicle, portable
tank, tank car, or other bulk container;
any quantity of a Division 1.1, 1.2, or 1.3
material; a large bulk quantity of a
Division 2.1 material; or any quantity of
a poison-by-inhalation material. A
security plan will enable shippers and
carriers to reduce the possibility that a
hazardous materials shipment will be
used as a weapon of opportunity by a
terrorist or criminal.
Affected Public: Shippers and carriers
of hazardous materials in commerce.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 54,999.
Total Annual Responses: 54,999.
Total Annual Burden Hours: 427,719.
Frequency of Collection: On occasion.
2. Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
Summary: This collection of
information applies to procedures for
requesting changes, exceptions, and
other determinations in relation to the
HMR. Specific areas covered in this

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information collection include part 105,
subparts A and B, ‘‘Hazardous Materials
Program Definitions and General
Procedures’’; part 106, subpart B,
‘‘Participating in the Rulemaking
Process’’; part 107, subpart B, ‘‘Special
Permits’’; and part 107, subpart C,
‘‘Preemption.’’ The Federal hazardous
materials transportation law directs the
Secretary of Transportation to prescribe
regulations for the safe transportation of
hazardous materials in commerce.
PHMSA is authorized to accept
petitions for rulemaking and appeals, as
well as applications for special permits,
preemption determinations, and waivers
of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any
person may petition PHMSA to add,
amend, or delete a regulation in parts
110, 130, 171 through 180, or may
petition the Office of the Chief Counsel
to add, amend, or delete a regulation in
parts 105, 106, or 107. Petitions
submitted to PHMSA are required to
contain information as required by
§ 106.100 of the HMR.
(2) Appeals: Except as provided in
§ 106.40(e), any person may submit an
appeal to our actions in accordance with
the Appeals procedures found in
§§ 106.110 through 106.130.
(3) Applications for Special Permit:
Any person applying for a special
permit must include the citation of the
specific regulation from which the
applicant seeks relief; specification of
the proposed mode or modes of
transportation; detailed description of
the proposed special permit (e.g.,
alternative packaging, test, procedure, or
activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc.
(4) Applications for Preemption
Determination: With the exception of
highway routing matters covered under
49 U.S.C. 5125(c), any person directly
affected by any requirement of a State,
political subdivision, or Indian tribe
may apply to the Chief Counsel for a
determination whether that requirement
is preempted by § 107.202(a), (b), or (c).
The application must include the text of
the State, political subdivision, or
Indian tribe requirement for which the
determination is sought; specify each
requirement of the Federal hazardous
materials transportation law, regulations
issued under the Federal hazardous
material transportation law, or
hazardous material transportation
security regulations or directives issued
by the Secretary of Homeland Security
with which the applicant seeks the
State, political subdivision, or Indian
tribe requirement to be compared;

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explain why the applicant believes the
State, political subdivision, or Indian
tribe requirement should or should not
be preempted under the standards of
§ 107.202; and state how the applicant
is affected by the State, political
subdivision, or Indian tribe
requirement.
(5) Waivers of Preemption: With the
exception of requirements preempted
under 49 U.S.C. 5125(c), any person
may apply to the Chief Counsel for a
waiver of preemption with respect to
any requirement that: (1) The State,
political subdivision thereof, or Indian
tribe acknowledges to be preempted
under the Federal hazardous materials
transportation law, or (2) has been
determined by a court of competent
jurisdiction to be so preempted. The
Chief Counsel may waive preemption
with respect to such requirement upon
a determination that such requirement
affords an equal or greater level of
protection to the public than is afforded
by the requirements of the Federal
hazardous materials transportation law
or the regulations issued thereunder,
and does not unreasonably burden
commerce.
The information collected under these
application procedures is used in the
review process by PHMSA in
determining the merits of the petitions
for rulemakings and for reconsideration
of rulemakings, as well as applications
for special permits, preemption
determinations, and waivers of
preemption to the HMR. The procedures
governing these petitions for rulemaking
and for reconsideration of rulemakings
are covered in subpart B of part 106.
Applications for special permits,
preemption, determinations, and
waivers of preemption are covered
under subparts B and C of part 107.
Rulemaking procedures enable PHMSA
to determine if a rule change is
necessary, is consistent with public
interest, and maintains a level of safety
equal to or superior to that of current
regulations. Special permit procedures
provide the information required for
analytical purposes to determine if the
requested relief provides for a
comparable level of safety as provided
by the HMR. Preemption procedures
provide information for PHMSA to
determine whether a requirement of a
State, political subdivision, or Indian
tribe is preempted under 49 U.S.C.
5125, or regulations issued thereunder,
or whether a waiver of preemption
should be issued.
Affected Public: Shippers, carriers,
packaging manufacturers, and other
affected entities.
Annual Reporting and Recordkeeping
Burden:

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18829

Number of Respondents: 3,304
Total Annual Responses: 4,294
Total Annual Burden Hours: 4,899
Frequency of Collection: On occasion
3. Title: Requirements for United
Nations (UN) Cylinders.
OMB Control Number: 2137–0621.
Summary: This information collection
and recordkeeping burden is the result
of efforts to amend the HMR to adopt
standards for the design, construction,
maintenance, and use of cylinders and
multiple-element gas containers
(MEGCs) based on the standards
contained in the United Nations (UN)
Recommendations on the Transport of
Dangerous Goods. Aligning the HMR
with the UN Recommendations
promotes flexibility, permits the use of
technological advances for the
manufacture of the pressure receptacles,
provides for a broader selection of
pressure receptacles, reduces the need
for special permits, and facilitates
international commerce in the
transportation of compressed gases.
Information collection requirements
address domestic and international
manufacturers of cylinders that request
approval by the approval agency for
cylinder design types. The approval
process for each cylinder design type
includes review, filing, and
recordkeeping of the approval
application. The approval agency is
required to maintain a set of the
approved drawings and calculations for
each design it reviews and a copy of
each initial design type approval
certificate approved by the Associate
Administrator for not less than 20 years.
Affected Public: Fillers, owners, users,
and retesters of UN cylinders.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 50
Total Annual Responses: 150
Total Annual Burden Hours: 900
Frequency of Collection: On occasion
4. Title: Response Plans for Shipments
of Oil.
OMB Control Number: 2137–0591.
Summary: In recent years, several
major oil discharges damaged the
marine environment of the United
States. Under authority of the Federal
Water Pollution Control Act, as
amended by the Oil Pollution Act of
1990, PHMSA issued regulations in 49
CFR part 130 that require preparation of
written spill response plans.
Affected Public: Carriers that
transport oil in bulk, by motor vehicle
or rail.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 8,000
Total Annual Responses: 8,000

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Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

Total Annual Burden Hours: 10,560
Frequency of Collection: On occasion
5. Title: Cargo Tank Specification
Requirements.
OMB Control Number: 2137–0014.
Summary: This information collection
consolidates and describes the
information collection provisions in
parts 107, 178, and 180 of the HMR
involving the manufacture,
qualification, maintenance, and use of
all specification cargo tank motor
vehicles. It also includes the
information collection and
recordkeeping requirements for persons
who are engaged in the manufacture,
assembly, requalification, and
maintenance of DOT specification cargo
tank motor vehicles. The types of
information collected include:
(1) Registration Statements: Cargo
tank manufacturers and repairers, as
well as cargo tank motor vehicle
assemblers, are required to be registered
with DOT and must furnish information
relative to their qualifications to
perform the functions in accordance
with the HMR. DOT uses the
registration statements to identify these
persons to ensure they possess the
knowledge and skills necessary to
perform the required functions and that
they are performing the specified
functions in accordance with the
applicable regulations.
(2) Requalification and Maintenance
Reports: These reports are prepared by
persons who requalify or maintain cargo
tanks. This information is used by cargo
tank owners, operators and users, and
DOT compliance personnel to verify
that the cargo tanks are requalified,
maintained, and in proper condition for
the transportation of hazardous
materials.
(3) Manufacturers’ Data Reports,
Certificates, and Related Papers: These
reports are prepared by cargo tank
manufacturers and certifiers. They are
used by cargo tank owners, operators,
users, and DOT compliance personnel
to verify that a cargo tank motor vehicle
was designed and constructed to meet
all requirements of the applicable
specification.
Affected Public: Manufacturers,
assemblers, repairers, requalifiers,
certifiers, and owners of cargo tanks.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 41,366
Total Annual Responses: 132,600
Total Annual Burden Hours: 101,507
Frequency of Collection: On occasion
6. Title: Container Certification
Statements.
OMB Control Number: 2137–0582.
Summary: Shippers of explosives, in
freight containers or transport vehicles

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by vessel, are required to certify on
shipping documentation that the freight
container or transport vehicle meets
minimal structural serviceability
requirements. This requirement is
intended to ensure an adequate level of
safety for transport of explosives aboard
vessel and consistency with similar
requirements in international standards.
Affected Public: Shippers of
explosives in freight containers or
transport vehicles by vessel.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 650
Total Annual Responses: 890,000
Total Annual Burden Hours: 14,908
Frequency of Collection: On occasion
7. Title: Testing Requirements for
Non-Bulk Packaging.
OMB Control Number: 2137–0572
Summary: This information collection
consolidates and describes the
information provisions in parts 173 and
180 of the HMR on the testing
requirements for non-bulk packagings.
This OMB control number covers
performance-oriented packaging
standards and allows packaging
manufacturers and shippers more
flexibility in selecting more economical
packagings for their products. This
information collection also allows
customizing the design of packagings to
better suit the transportation
environment that they will encounter
and encourages technological
innovations, decreases packaging costs,
and significantly reduces the need for
special permits.
Affected Public: Each non-bulk
packaging manufacturer that tests
packagings to ensure compliance with
the HMR.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 5,000
Total Annual Responses: 15,500
Total Annual Burden Hours: 32,500
Frequency of Collection: On occasion
8. Title: Testing, Inspection, and
Marking Requirements for Cylinders.
OMB Control Number: 2137–0022
Summary: Requirements in § 173.301
for qualification, maintenance, and use
of cylinders require that cylinders be
periodically inspected and retested to
ensure continuing compliance with
packaging standards. Information
collection requirements address
registration of retesters and marking of
cylinders by retesters with their
identification number and retest date
following the completion of required
tests. Records showing the results of
inspections and retests must be kept by
the cylinder owner or designated agent
until expiration of the retest period or

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until the cylinder is re-inspected or
retested, whichever occurs first. These
requirements are intended to ensure that
retesters have the qualifications to
perform tests and identify to cylinder
fillers and users that cylinders are
qualified for continuing use.
Information collection requirements in
§ 173.303 require that fillers of acetylene
cylinders keep, for at least 30 days, a
daily record of the representative
pressure to which cylinders are filled.
Affected Public: Fillers, owners, users,
and retesters of reusable cylinders.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 139,352
Total Annual Responses: 153,287
Total Annual Burden Hours: 171,462
Frequency of Collection: On occasion
9. Title: Flammable Cryogenic
Liquids.
OMB Control Number: 2137–0542
Summary: Provisions in
§ 177.840(a)(2) specify certain safety
procedures and documentation
requirements for drivers of motor
vehicles transporting flammable
cryogenic liquids. This information
allows the driver to take appropriate
remedial actions to prevent a
catastrophic release of the flammable
cryogenics should the temperature of
the material begin to rise excessively or
if the travel time will exceed the safe
travel time. These requirements are
intended to ensure a high level of safety
when transporting flammable
cryogenics due to their extreme
flammability and high compression
ratio when in a liquid state.
Affected Public: Carriers of cryogenic
materials.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 65
Total Annual Responses: 18,200
Total Annual Burden Hours: 1,213
Frequency of Collection: On occasion
10. Title: Approval for Hazardous
Materials.
OMB Control Number: 2137–0557
Summary: Without these
requirements there is no means to: (1)
Determine whether applicants who
apply to become designated approval
agencies are qualified to evaluate
package design, test packages, classify
hazardous materials, etc.; (2) verify that
various containers and special loading
requirements for vessels meet the
requirements of the HMR; and (3) assure
that regulated hazardous materials pose
no danger to life and property during
transportation.
There are several approval provisions
contained in the HMR and associated
procedural regulations. Responses to

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these collections of information are
required to obtain benefits, such as
becoming an approval or certification
agency, or to obtain a variance from
packaging or handling requirements
based on information provided by the
respondent. These benefits and
variances involve areas, for example,
such as UN third-party certification;
authorization to examine and test
lighters; authorization to examine and
test explosives; and authorization to requalify DOT cylinders
Affected Public: Business and other
entities who must meet the approval
requirements in the HMR.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 10,723
Total Annual Responses: 11,074
Total Annual Burden Hours: 28,270
Frequency of Collection: On occasion
11. Title: Rail Carrier and Tank Car
Tanks Requirements, Rail Tank Car
Tanks—Transportation of Hazardous
Materials by Rail.
OMB Control Number: 2137–0559
Summary: This information collection
consolidates and describes the
information provisions in parts 172,
173, 174, 179, and 180 of the HMR on
the transportation of hazardous
materials by rail and the manufacture,
qualification, maintenance, and use of
tank cars. The types of information
collected include:
(1) Approvals of the Association of
American Railroads (AAR) Tank Car
Committee: An approval is required
from the AAR Tank Car Committee for
a tank car to be used for a commodity
other than those specified in part 173
and on the certificate of construction.
This information is used to ascertain
whether a commodity is suitable for
transportation in a tank car. AAR
approval is also required for an
application for approval of designs,
materials and construction, conversion
or alteration of tank car tanks
constructed to a specification in part
179, or an application for construction
of tank cars to any new specification.
This information is used to ensure that
the design, construction, or
modification of a tank car or the
construction of a tank car to a new
specification is performed in accordance
with the applicable requirements.
(2) Progress Reports: Each owner of a
tank car that is required to be modified
to meet certain requirements specified
in § 173.31 must submit a progress
report to the Federal Railroad
Administration (FRA). FRA uses this
information to ensure that all affected
tank cars are modified before the
regulatory compliance date.

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(3) FRA Approvals: An approval is
required from FRA to transport a bulk
packaging (such as a portable tank, IM
portable tank, intermediate bulk
container, cargo tank, or multi-unit tank
car tank) containing a hazardous
material in container-on-flat-car or
trailer-on-flat-car service other than as
authorized by § 174.63. FRA uses this
information to ensure that the bulk
package is properly secured using an
adequate restraint system during
transportation. An FRA approval is also
required for the movement of any tank
car that does not conform to the
applicable requirements in the HMR.
These latter movements are currently
being reported under the information
collection for special permit
applications.
(4) Manufacturer Reports and
Certificate of Construction: These
documents are prepared by tank car
manufacturers and used by owners,
users, and FRA personnel to verify that
rail tank cars conform to the applicable
specification.
(5) Quality Assurance Program:
Facilities that build, repair, and ensure
the structural integrity of tank cars are
required to develop and implement a
quality assurance program. This
information is used by the facility and
DOT compliance personnel to ensure
that each tank car is constructed or
repaired in accordance with the
applicable requirements.
(6) Inspection Reports: A written
report must be prepared and retained for
each tank car that is inspected and
tested in accordance with § 180.509 of
the HMR. Rail carriers, users, and FRA
use this information to ensure that rail
tank cars are properly maintained and
in safe condition for transporting
hazardous materials.
Affected Public: Manufacturers,
owners, and rail carriers of tank.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 266
Total Annual Responses: 17,685
Total Annual Burden Hours: 2,834
Frequency of Collection: Annually
Issued in Washington, DC, on April 17,
2017.
William S. Schoonover,
Associate Administrator of Hazard Materials
Safety, Pipeline and Hazardous Materials
Safety Administration.
[FR Doc. 2017–08045 Filed 4–20–17; 8:45 am]
BILLING CODE 4910–60–P

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18831

DEPARTMENT OF THE TREASURY
Multiemployer Pension Plan
Application To Reduce Benefits
Department of the Treasury.
Notice of availability; Request
for comments.

AGENCY:
ACTION:

The Board of Trustees of the
Teamsters Local 805 Pension and
Retirement Fund (Local 805 Pension
Fund), a multiemployer pension plan,
has submitted an application to reduce
benefits under the plan in accordance
with the Multiemployer Pension Reform
Act of 2014. The purpose of this notice
is to announce that the application
submitted by the Board of Trustees of
the Local 805 Pension Fund has been
published on the Treasury Web site, and
to request public comments on the
application from interested parties,
including participants and beneficiaries,
employee organizations, and
contributing employers of the Local 805
Pension Fund.
DATES: Comments must be received by
June 5, 2017.
ADDRESSES: You may submit comments
electronically through the Federal
eRulemaking Portal at http://
www.regulations.gov, in accordance
with the instructions on that site.
Electronic submissions through
www.regulations.gov are encouraged.
Comments may also be mailed to the
Department of the Treasury, MPRA
Office, 1500 Pennsylvania Avenue NW.,
Room 1224, Washington, DC 20220.
Attn: Eric Berger. Comments sent via
facsimile and email will not be
accepted.
Additional Instructions. All
comments received, including
attachments and other supporting
materials, will be made available to the
public. Do not include any personally
identifiable information (such as Social
Security number, name, address, or
other contact information) or any other
information in your comment or
supporting materials that you do not
want publicly disclosed. Treasury will
make comments available for public
inspection and copying on
www.regulations.gov or upon request.
Comments posted on the Internet can be
retrieved by most Internet search
engines.
SUMMARY:

For
information regarding the application
from the Local 805 Pension Fund,
please contact Treasury at (202) 622–
1534 (not a toll-free number).
SUPPLEMENTARY INFORMATION: The
Multiemployer Pension Reform Act of
2014 (MPRA) amended the Internal
FOR FURTHER INFORMATION CONTACT:

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