80_FR_57226 80 FR 57044 - Proposed Agency Information Collection Activities; Comment Request

80 FR 57044 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range57044-57046
FR Document2015-23620

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57044-57046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23620]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-23]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking renewal of the following currently 
approved information collection

[[Page 57045]]

activities. Before submitting these information collection requirements 
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 November 20, 2015.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to 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 
Grant Awards and Cooperative Agreement.'' Alternatively, comments may 
be transmitted via facsimile to (202) 493-6170, or via email 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: 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.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, sec. 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 information collection activities 
that FRA will submit for clearance by OMB as required under the PRA:
    Title: Grant Awards and Cooperative Agreements.
    Abstract: FRA solicits grant applications for viable projects 
including, but not limited to, preconstruction planning activities, 
safety improvements, congestion relief, improvement of grade crossings, 
rail line relocation, as well as projects that encourage development, 
expansion, and upgrades to passenger and freight rail infrastructure 
and services. Funded projects are those that meet FRA and government 
wide evaluation standards and align with the President's key strategic 
transportation goals to create safe and efficient transportation 
choices, build a foundation for economic competitiveness, promote 
energy efficiency and environmental quality, and support interconnected 
livable communities.
    FRA administers award agreements for both construction and non-
construction projects that will result in service benefits or other 
tangible improvements in rail corridors. These projects include 
completion of preliminary engineering, environmental research and 
development, final design, and construction.
    To ensure accountability of Federal award recipients through 
performance and results, including expenditures in support of agreed-
upon activities and allowable costs outlined in a FRA Notice of Grant 
Award (NGA), FRA requires systematic and uniform collection and 
submission of information, as approved by the OMB. Included in this 
information collection are reports and documentation mandated by OMB 
for completion, as well as additional resources to compile evidence 
relevant to addressing FRA's important policy challenges, promoting 
cost-effectiveness in FRA programs, and providing effective oversight 
of programmatic and financial performance. This justification draws on 
innovative FRA program designs to use sophisticated practices in 
delivering Federal financial assistance and encourage continuous 
improvements in service delivery.
    FRA issues and manages awards in compliance with Title 2 of the 
Code of Federal Regulations (CFR): Grants and Agreements. This 
justification includes one document package for collection over the 
entire lifecycle of the award process, in adherence to the Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards (78 FR 78589, Dec. 26, 2013; 79 FR 75871, Dec. 19, 
2014). All non-research awards are subject to the application, 
reporting, closeout, and other processes described in this 
justification.
    Additionally, the collection detailed in this justification 
represents a combination of previous FRA collection requests, 
including: OMB Control Number 2130-0578, OMB Control Number 2130-0580, 
OMB Control Number 2130-0584, and OMB Control Number 0587. Combining 
these collections under a new collection enables FRA to consolidate 
documentation under one collection, which allows for efficiency and 
provides a uniform period until expiration of this justification 
request.
    Form Number(s): FRA forms 30, 31, 32, 33, 34, 35, and 229. SF forms 
270, 424, 424A, 424B, 424C, 424D, 425, and LLL.
    Affected Public: State and local governments, government sponsored 
authorities and corporations, and railroads.
    Reporting Burden:

[[Page 57046]]



----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
                              Item                                 Total annual    per response    Total annual
                                                                     responses        (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
FRA Form 30.....................................................             383             .25           95.75
FRA Form 31.....................................................               1             212             212
FRA Form 32.....................................................               1              24              24
FRA Form 33.....................................................               8              79             632
FRA Form 34.....................................................               2             897           1,794
FRA Form 35.....................................................              34             383          13,022
FRA Form 229....................................................              18             .25             4.5
Additional Buy America Documentation............................               1       19,944.50       19,944.50
SF Form 270.....................................................               1             716             716
SF Form 424.....................................................             1.1             383          421.30
SF Form 424A....................................................               3             192             576
SF Form 424B....................................................             .25             192              48
SF Form 424C....................................................               3             191             573
SF Form 424D....................................................             .25             191           47.75
SF 425..........................................................             1.5             897           1,345
SF Form LLL.....................................................             .17             383           65.11
----------------------------------------------------------------------------------------------------------------
* In minutes.

    Total Estimated Annual Burden: 39,521 hours.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 
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.

Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015-23620 Filed 9-18-15; 8:45 am]
 BILLING CODE 4910-06-P



                                               57044                     Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

                                               greater than 40 decibels at 500 Hz, 1,000 Hz,           When the new screen appears, click on                 Keith Kaimuloa
                                               and 2,000 Hz with or without a hearing aid              the blue ‘‘Comment Now!’’ button on
                                               when the audiometric device is calibrated to                                                                     Mr. Kaimuloa, 47, holds an operator’s
                                                                                                       the right hand side of the page. On the               license in Hawaii.
                                               American National Standard (formerly ASA
                                               Standard) Z24.5—1951.
                                                                                                       new page, enter information required
                                                                                                       including the specific section of this                John David Kielczewski, Jr.
                                               49 CFR 391.41(b)(11). This standard was                 document to which each comment                          Mr. Kielczewski, 43, holds an
                                               adopted in 1970, with a revision in 1971                applies, and provide a reason for each                operator’s license in Rhode Island.
                                               to allow drivers to be qualified under                  suggestion or recommendation. If you
                                               this standard while wearing a hearing                   submit your comments by mail or hand                  Timothy Knipp II
                                               aid, 35 FR 6458, 6463 (April 22, 1970)                  delivery, submit them in an unbound                      Mr. Knipp, 32, holds an operator’s
                                               and 36 FR 12857 (July 3, 1971).                         format, no larger than 81⁄2 by 11 inches,             license in Pennsylvania.
                                                  FMCSA also issues instructions for                   suitable for copying and electronic
                                               completing the medical examination                                                                            Donnie Lamar McEntire, Jr.
                                                                                                       filing. If you submit comments by mail
                                               report and includes advisory criteria on                and would like to know that they                         Mr. McEntire, 42, holds an operator’s
                                               the report itself to provide guidance for               reached the facility, please enclose a                license in Georgia.
                                               medical examiners in applying the                       stamped, self-addressed postcard or
                                               hearing standard. See 49 CFR 391.43(f).                                                                       Tami S. Richardson-Nelson
                                                                                                       envelope.
                                               The current advisory criteria for the                      We will consider all comments and                    Ms. Richardson-Nelson, 56, holds an
                                               hearing standard include a reference to                 material received during the comment                  operator’s license in Nebraska.
                                               a report entitled ‘‘Hearing Disorders and               period and may change this proposed                   Request for Comments
                                               Commercial Motor Vehicle Drivers’’                      rule based on your comments. FMCSA
                                               prepared for the Federal Highway                                                                                 In accordance with 49 U.S.C. 31136(e)
                                                                                                       may issue a final rule at any time after              and 31315(b)(4), FMCSA requests public
                                               Administration, FMCSA’s predecessor,
                                                                                                       the close of the comment period.                      comment from all interested persons on
                                               in 1993.2
                                                                                                       Viewing Comments and Documents                        the exemption petitions described in
                                               FMCSA Requests Comments on the                                                                                this notice. The Agency will consider all
                                               Exemption Applications                                     To view comments, go to
                                                                                                                                                             comments received before the close of
                                                  FMCSA requests comments from all                     www.regulations.gov and in the search
                                                                                                                                                             business October 21, 2015. Comments
                                               interested parties on whether a driver                  box insert the docket number ‘‘FMCSA–
                                                                                                                                                             will be available for examination in the
                                               who cannot meet the hearing standard                    2014–0387’’ and click ‘‘Search.’’ Next,
                                                                                                                                                             docket at the location listed under the
                                               should be permitted to operate a CMV                    click ‘‘Open Docket Folder’’ and you
                                                                                                                                                             ADDRESSES section of this notice. The
                                               in interstate commerce. Further, the                    will find all documents and comments
                                                                                                                                                             Agency will file comments received
                                               Agency asks for comments on whether                     related to the proposed rulemaking.
                                                                                                                                                             after the comment closing date in the
                                               a driver who cannot meet the hearing                    Information on Individual Applicants                  public docket, and will consider them to
                                               standard should be limited to operating                                                                       the extent practicable. In addition to late
                                               only certain types of vehicles in                       John B. Burley
                                                                                                                                                             comments, FMCSA will also continue to
                                               interstate commerce, for example,                          Mr. Burley, 44, holds an operator’s                file, in the public docket, relevant
                                               vehicles without air brakes. The statute                license in Colorado.                                  information that becomes available after
                                               and implementing regulations                                                                                  the comment closing date. Interested
                                                                                                       Jennifer Lenore Campbell
                                               concerning exemptions require that the                                                                        persons should monitor the public
                                               Agency request public comments on all                    Ms. Campbell, 39, holds a class A                    docket for new material.
                                               applications for exemptions. The                        CDL in Texas.
                                                                                                                                                               Issued on: September 8, 2015.
                                               Agency is also required to make a                       Carlos Campos
                                               determination that an exemption would                                                                         Larry W. Minor,
                                               likely achieve a level of safety that is                  Mr. Campos, 43, holds a class A CDL                 Associate Administrator for Policy.
                                               equivalent to, or greater than, the level               in California.                                        [FR Doc. 2015–23592 Filed 9–18–15; 8:45 am]
                                               that would be achieved absent such                      Richard A. Carter                                     BILLING CODE 4910–EX–P
                                               exemption before granting any such
                                               requests.                                                Mr. Carter, 58, holds a class B CDL in
                                                                                                       Maryland.                                             DEPARTMENT OF TRANSPORTATION
                                               Submitting Comments
                                                                                                       Charles Christopher Curran                            Federal Railroad Administration
                                                 You may submit your comments and
                                               material online or by fax, mail, or hand                   Mr. Curran, 41, holds an operator’s                [Docket No. FRA 2015–0007–N–23]
                                               delivery, but please use only one of                    license in Florida.
                                               these means. FMCSA recommends that                      Joy L. Dalen                                          Proposed Agency Information
                                               you include your name and a mailing                                                                           Collection Activities; Comment
                                               address, an email address, or a phone                      Ms. Dalen, 41, holds an operator’s                 Request
                                               number in the body of your document                     license in Nebraska.
                                                                                                                                                             AGENCY: Federal Railroad
                                               so that FMCSA can contact you if there                  James Wels Hanson                                     Administration (FRA), Department of
                                               are questions regarding your
                                                                                                          Mr. Hanson, 25, holds an operator’s                Transportation (DOT).
                                               submission.
                                                 To submit your comment online, go to                  license in Wyoming.                                   ACTION: Notice.
rmajette on DSK7SPTVN1PROD with NOTICES




                                               www.regulations.gov and in the search                   Clint I. Homon                                        SUMMARY:  In accordance with the
                                               box insert the docket number ‘‘FMCSA–                                                                         Paperwork Reduction Act of 1995 and
                                                                                                          Mr. Homan, 35, holds an operator’s
                                               2014–0387’’ and click the search button.                                                                      its implementing regulations, the
                                                                                                       license in Illinois.
                                                                                                                                                             Federal Railroad Administration (FRA)
                                                  2 This report is available on the FMCSA Web site     Sean C. Jackson                                       hereby announces that it is seeking
                                               at http://www.fmcsa.dot.gov/facts-research/
                                               research-technology/publications/medreport_                Mr. Jackson, 42, holds an operator’s               renewal of the following currently
                                               archives.htm.                                           license in Arizona.                                   approved information collection


                                          VerDate Sep<11>2014   15:14 Sep 18, 2015   Jkt 235001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                                                         Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices                                           57045

                                               activities. Before submitting these                     activities, including the validity of the             research and development, final design,
                                               information collection requirements for                 methodology and assumptions used to                   and construction.
                                               clearance by the Office of Management                   determine the estimates; (iii) ways for                  To ensure accountability of Federal
                                               and Budget (OMB), FRA is soliciting                     FRA to enhance the quality, utility, and              award recipients through performance
                                               public comment on specific aspects of                   clarity of the information being                      and results, including expenditures in
                                               the activities identified below.                        collected; and (iv) ways for FRA to                   support of agreed-upon activities and
                                               DATES: Comments must be received no                     minimize the burden of information                    allowable costs outlined in a FRA
                                               later than November 20, 2015.                           collection activities on the public by                Notice of Grant Award (NGA), FRA
                                               ADDRESSES: Submit written comments
                                                                                                       automated, electronic, mechanical, or                 requires systematic and uniform
                                               on any or all of the following proposed                 other technological collection                        collection and submission of
                                               activities by mail to Ms. Kimberly                      techniques or other forms of information              information, as approved by the OMB.
                                               Toone, Office of Information                            technology (e.g., permitting electronic               Included in this information collection
                                               Technology, RAD–20, Federal Railroad                    submission of responses). See 44 U.S.C.               are reports and documentation
                                               Administration, 1200 New Jersey Ave.                    3506(c)(2)(A)(I)–(iv); 5 CFR                          mandated by OMB for completion, as
                                               SE., Mail Stop 35, Washington, DC                       1320.8(d)(1)(I)–(iv). FRA believes that               well as additional resources to compile
                                               20590. Commenters requesting FRA to                     soliciting public comment will promote                evidence relevant to addressing FRA’s
                                               acknowledge receipt of their respective                 its efforts to reduce the administrative              important policy challenges, promoting
                                               comments must include a self-addressed                  and paperwork burdens associated with                 cost-effectiveness in FRA programs, and
                                               stamped postcard stating, ‘‘Comments                    the collection of information mandated                providing effective oversight of
                                               on OMB Grant Awards and Cooperative                     by Federal regulations. In summary,                   programmatic and financial
                                               Agreement.’’ Alternatively, comments                    FRA reasons that comments received                    performance. This justification draws on
                                               may be transmitted via facsimile to                     will advance three objectives: (i) Reduce             innovative FRA program designs to use
                                               (202) 493–6170, or via email to Ms.                     reporting burdens; (ii) ensure that it                sophisticated practices in delivering
                                               Toone at kim.toone@dot.gov. Please                      organizes information collection                      Federal financial assistance and
                                               refer to the assigned OMB control                       requirements in a ‘‘user friendly’’ format            encourage continuous improvements in
                                               number in any correspondence                            to improve the use of such information;               service delivery.
                                               submitted. FRA will summarize                           and (iii) accurately assess the resources                FRA issues and manages awards in
                                               comments received in response to this                   expended to retrieve and produce                      compliance with Title 2 of the Code of
                                               notice in a subsequent notice and                       information requested. See 44 U.S.C.                  Federal Regulations (CFR): Grants and
                                               include them in its information                         3501.                                                 Agreements. This justification includes
                                               collection submission to OMB for                           Below is a brief summary of the                    one document package for collection
                                               approval.                                               information collection activities that                over the entire lifecycle of the award
                                                                                                       FRA will submit for clearance by OMB                  process, in adherence to the Uniform
                                               FOR FURTHER INFORMATION CONTACT:       Ms.              as required under the PRA:                            Administrative Requirements, Cost
                                               Kimberly Toone, Office of Information                                                                         Principles, and Audit Requirements for
                                               Technology, RAD–20, Federal Railroad                       Title: Grant Awards and Cooperative
                                                                                                                                                             Federal Awards (78 FR 78589, Dec. 26,
                                               Administration, 1200 New Jersey Ave.                    Agreements.
                                                                                                                                                             2013; 79 FR 75871, Dec. 19, 2014). All
                                               SE., Mail Stop 35, Washington, DC                          Abstract: FRA solicits grant                       non-research awards are subject to the
                                               20590 (telephone: (202) 493–6132).                      applications for viable projects                      application, reporting, closeout, and
                                               (These telephone numbers are not toll-                  including, but not limited to,                        other processes described in this
                                               free.)                                                  preconstruction planning activities,                  justification.
                                               SUPPLEMENTARY INFORMATION: The                          safety improvements, congestion relief,                  Additionally, the collection detailed
                                               Paperwork Reduction Act of 1995                         improvement of grade crossings, rail                  in this justification represents a
                                               (PRA), Public Law 104–13, sec. 2, 109                   line relocation, as well as projects that             combination of previous FRA collection
                                               Stat. 163 (1995) (codified as revised at                encourage development, expansion, and                 requests, including: OMB Control
                                               44 U.S.C. 3501–3520), and its                           upgrades to passenger and freight rail                Number 2130–0578, OMB Control
                                               implementing regulations, 5 CFR part                    infrastructure and services. Funded                   Number 2130–0580, OMB Control
                                               1320, require Federal agencies to                       projects are those that meet FRA and                  Number 2130–0584, and OMB Control
                                               provide 60-days notice to the public for                government wide evaluation standards                  Number 0587. Combining these
                                               comment on information collection                       and align with the President’s key                    collections under a new collection
                                               activities before seeking approval for                  strategic transportation goals to create              enables FRA to consolidate
                                               reinstatement or renewal by OMB. 44                     safe and efficient transportation choices,            documentation under one collection,
                                               U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),               build a foundation for economic                       which allows for efficiency and
                                               1320.10(e)(1), 1320.12(a). Specifically,                competitiveness, promote energy                       provides a uniform period until
                                               FRA invites interested respondents to                   efficiency and environmental quality,                 expiration of this justification request.
                                               comment on the following summary of                     and support interconnected livable                       Form Number(s): FRA forms 30, 31,
                                               proposed information collection                         communities.                                          32, 33, 34, 35, and 229. SF forms 270,
                                               activities regarding (i) whether the                       FRA administers award agreements                   424, 424A, 424B, 424C, 424D, 425, and
                                               information collection activities are                   for both construction and non-                        LLL.
                                               necessary for FRA to properly execute                   construction projects that will result in                Affected Public: State and local
                                               its functions, including whether the                    service benefits or other tangible                    governments, government sponsored
rmajette on DSK7SPTVN1PROD with NOTICES




                                               activities will have practical utility; (ii)            improvements in rail corridors. These                 authorities and corporations, and
                                               the accuracy of FRA’s estimates of the                  projects include completion of                        railroads.
                                               burden of the information collection                    preliminary engineering, environmental                   Reporting Burden:




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                                               57046                                Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

                                                                                                                                                                                                                   Average time
                                                                                                                                                                                                  Total annual                    Total annual
                                                                                                                   Item                                                                                            per response
                                                                                                                                                                                                   responses                      burden hours
                                                                                                                                                                                                                      (hours)

                                               FRA Form 30 ...............................................................................................................................                 383              .25          95.75
                                               FRA Form 31 ...............................................................................................................................                    1            212             212
                                               FRA Form 32 ...............................................................................................................................                    1              24              24
                                               FRA Form 33 ...............................................................................................................................                    8              79            632
                                               FRA Form 34 ...............................................................................................................................                    2            897           1,794
                                               FRA Form 35 ...............................................................................................................................                   34            383          13,022
                                               FRA Form 229 .............................................................................................................................                    18             .25             4.5
                                               Additional Buy America Documentation ......................................................................................                                    1       19,944.50      19,944.50
                                               SF Form 270 ................................................................................................................................                   1             716            716
                                               SF Form 424 ................................................................................................................................                 1.1             383         421.30
                                               SF Form 424A .............................................................................................................................                     3            192             576
                                               SF Form 424B .............................................................................................................................                  .25             192               48
                                               SF Form 424C .............................................................................................................................                     3            191             573
                                               SF Form 424D .............................................................................................................................                  .25             191           47.75
                                               SF 425 .........................................................................................................................................             1.5             897          1,345
                                               SF Form LLL ................................................................................................................................                 .17             383          65.11
                                                  * In minutes.


                                                 Total Estimated Annual Burden:                                           constraints, safety-related information                                     • Federal eRulemaking Portal: go to
                                               39,521 hours.                                                              developed or discovered in private                                       http://www.regulations.gov. Follow the
                                                 Pursuant to 44 U.S.C. 3507(a) and 5                                      litigation is an important resource for                                  online instructions for submitting
                                               CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA                                    NHTSA.                                                                   comments.
                                               informs all interested parties that it may                                    This proposed Enforcement Guidance                                       • Mail: Docket Management Facility,
                                               not conduct or sponsor, and a                                              Bulletin sets forth NHTSA’s current                                      M–30, U.S. Department of
                                               respondent is not required to respond                                      thinking on this topic, and guiding                                      Transportation, West Building Ground
                                               to, a collection of information unless it                                  principles and best practices to be                                      Floor, Rm. W12–140, 1200 New Jersey
                                               displays a currently valid OMB control                                     utilized in the context of private                                       Avenue SE., Washington, DC 20590.
                                               number.                                                                    litigation. To the extent protective                                        • Hand Delivery or Courier: U.S.
                                                  Authority: 44 U.S.C. 3501–3520.                                         orders, settlement agreements, or other                                  Department of Transportation, West
                                                                                                                          confidentiality provisions prohibit                                      Building Ground Floor, Rm. W12–140,
                                               Rebecca Pennington,                                                                                                                                 1200 New Jersey Avenue SE.,
                                                                                                                          information obtained in private
                                               Chief Financial Officer.                                                   litigation from being transmitted to                                     Washington, DC, 20590 between 9 a.m.
                                               [FR Doc. 2015–23620 Filed 9–18–15; 8:45 am]                                NHTSA, such limitations are contrary to                                  and 5 p.m. ET, Monday through Friday,
                                               BILLING CODE 4910–06–P                                                     Rule 26 of the Federal Rules of Civil                                    except Federal holidays.
                                                                                                                          Procedure, its state corollaries, and                                       • Fax: (202) 493–2251.
                                                                                                                          sound principles of public policy.                                          Regardless of how you submit your
                                               DEPARTMENT OF TRANSPORTATION                                               Although such restrictions are generally                                 comments, you should mention the
                                                                                                                          prohibited by applicable rules and law,                                  docket number of this document.
                                               National Highway Traffic Safety                                                                                                                        You may call the Docket at 202–366–
                                               Administration                                                             the Agency recommends that litigants
                                                                                                                          include a specific provision in any                                      9324.
                                               [Docket No. NHTSA–2015–0095; Notice 1]                                     protective order or settlement agreement                                    Note that all comments received will
                                                                                                                          that provides for disclosure of relevant                                 be posted without change to http://
                                               Request for Public Comments on                                             motor vehicle safety information to                                      www.regulations.gov, including any
                                               NHTSA Enforcement Guidance Bulletin                                        NHTSA, regardless of any other                                           personal information provided.
                                               2015–01: Recommended Best                                                  restrictions on the disclosure or                                        FOR FURTHER INFORMATION CONTACT: Kara
                                               Practices for Protective Orders and                                        dissemination of such information.                                       Fischer, Office of the Chief Counsel,
                                               Settlement Agreements in Civil                                                                                                                      NCC–111, National Highway Traffic
                                                                                                                             This notice solicits comments from
                                               Litigation                                                                                                                                          Safety Administration, 1200 New Jersey
                                                                                                                          the public, from counsel, and from other
                                               AGENCY:  National Highway Traffic                                          interested parties concerning this                                       Avenue SE., Washington, DC 20590
                                               Safety Administration (NHTSA),                                             proposed enforcement guidance, and                                       (telephone: 202–366–8726).
                                               Department of Transportation.                                              best practices to be followed by litigants                               SUPPLEMENTARY INFORMATION: In this
                                               ACTION: Request for public comments.                                       in private litigation regarding protective                               notice, NHTSA has begun assembling
                                                                                                                          orders and settlement agreements that                                    for guidance and informative purposes
                                               SUMMARY:   NHTSA’s ability to identify                                     contain confidentiality provisions                                       an Enforcement Guidance Bulletin
                                               and define safety-related motor vehicle                                    limiting disclosure of safety-related                                    which sets forth guiding principles and
                                               defects relies in large part on                                            information.                                                             best practices for private litigants
                                               manufacturers’ self-reporting. However,                                                                                                             utilizing protective orders and
                                               although federal regulations may require                                   DATES:  All comments should be                                           settlement agreements with
rmajette on DSK7SPTVN1PROD with NOTICES




                                               them to report certain information to                                      submitted early enough to ensure that                                    confidentiality provisions. NHTSA is
                                               NHTSA, manufacturers do not always                                         Docket Management receives them not                                      not establishing a binding set of rules on
                                               do so, or do not do so in a timely                                         later than October 19, 2015.                                             best practices, or even suggesting that a
                                               manner. Additionally, the information a                                    ADDRESSES: You may submit comments                                       single set of best practices would apply
                                               manufacturer is required to report varies                                  to the docket number identified in the                                   in all situations. The Agency fully
                                               greatly depending on the product and                                       heading of this document by any of the                                   realizes that best practices may vary
                                               company size and purpose. Given these                                      following methods:                                                       widely depending on circumstance, and


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Document Created: 2015-12-15 09:38:25
Document Modified: 2015-12-15 09:38:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received no later than November 20, 2015.
ContactMs. 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.)
FR Citation80 FR 57044 

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