81_FR_11690 81 FR 11647 - Agency Request for Emergency Approval of an Information Collection [email protected]"> [email protected]" /> [email protected]" />

81 FR 11647 - Agency Request for Emergency Approval of an Information Collection

DEPARTMENT OF TRANSPORTATION

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11647-11648
FR Document2016-04802

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Department of Transportation (DOT) provides notice that it will submit an information collection requests (ICR) to the Office of Management and Budget (OMB) for emergency approval of a proposed information collection. Upon receiving the requested six-month emergency approval by OMB, the Office of the Secretary of Transportation (OST) will follow the normal PRA procedures to obtain extended approval for this proposed information collection. The collection of information is necessary in order to receive applications for grant funds pursuant to Section 1105 of the Fixing America's Surface Transportation (FAST) Act of 2015, which was signed into law on December 4, 2015. Section 1105 establishes a new program for OST to provide Supplemental Discretionary Grants for a Nationally Significant Freight and Highway Projects (NSFHP) program. The Department will also refer to NSFHP grants as Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grants. The FAST Act provides specific deadlines for this program, including a statutory 60-day Congressional notification requirement, which is no later than July 30, 2016. In order to ensure that the NSFHP grants are awarded in an expeditious manner and in the timeframes established by the FAST Act, the Department requests approval of an information collection using OMB's emergency processing system to meet Paperwork Reduction Act (PRA) requirements. Information related to this ICR, including applicable supporting documentation may be obtained by contacting the NSFHP program manager via email at [email protected]

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11647-11648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04802]


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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2016-0033]


Agency Request for Emergency Approval of an Information 
Collection

AGENCY: Office of the Secretary of Transportation (OST), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), the Department of Transportation (DOT) provides 
notice that it will submit an information collection requests (ICR) to 
the Office of Management and Budget (OMB) for emergency approval of a 
proposed information collection. Upon receiving the requested six-month 
emergency approval by OMB, the Office of the Secretary of 
Transportation (OST) will follow the normal PRA procedures to obtain 
extended approval for this proposed information collection. The 
collection of information is necessary in order to receive applications 
for grant funds pursuant to Section 1105 of the Fixing America's 
Surface Transportation (FAST) Act of 2015, which was signed into law on 
December 4, 2015. Section 1105 establishes a new program for OST to 
provide Supplemental Discretionary Grants for a Nationally Significant 
Freight and Highway Projects (NSFHP) program. The Department will also 
refer to NSFHP grants as Fostering Advancements in Shipping and 
Transportation for the Long-term Achievement of National Efficiencies 
(FASTLANE) grants. The FAST Act provides specific deadlines for this 
program, including a statutory 60-day Congressional notification 
requirement, which is no later than July 30, 2016. In order to ensure 
that the NSFHP grants are awarded in an expeditious manner and in the 
timeframes established by the FAST Act, the Department requests 
approval of an information collection using OMB's emergency processing 
system to meet Paperwork Reduction Act (PRA) requirements.
    Information related to this ICR, including applicable supporting 
documentation may be obtained by contacting the NSFHP program manager 
via email at [email protected].

DATES: Comments should be submitted as soon as possible upon 
publication of this notice in the Federal Register. Comments and 
questions should be directed to the Office of Information and 
Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer, 725 17th Street 
NW., Washington, DC 20503. Comments and questions about the ICR 
identified below may be transmitted electronically to OIRA at 
[email protected].

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 2105-XXXX
    Title: Supplemental Discretionary Grants for a Nationally 
Significant Freight and Highway Projects (NSFHP) program, or NSFHP 
program.
    Type of Review: Emergency information collection request.
    Expected Number of Respondents: Approximately 200.
    Frequency: The Department expects that this information collection 
will occur up to five times--once per fiscal year--from FY 2016 through 
FY 2020.
    Estimated Average Burden per Response: 100 hours.
    Estimated Total Annual Burden: 20,000.
    Abstract: On December 4, 2015, President Obama signed into law the 
Fixing America's Surface Transportation Act, or ``FAST Act.'' It is the 
first law enacted in over ten years that provides long-term funding 
certainty for surface transportation. The FAST Act authorized at $4.5 
billion for fiscal years (FY) 2016 through 2020, including $800 million 
for FY 2016 to be awarded by the Department of Transportation (the 
``Department'') on a competitive basis to projects of national or 
regional significance. The funds provided by NSFHP program will be 
awarded on a competitive basis to projects that have a significant 
impact on the Nation, a metropolitan area, or a region. On or about the 
date hereof, the Department published a solicitation for applications 
for NSFHP grants. The solicitation announces the availability of 
funding

[[Page 11648]]

for NSFHP grants, project selection criteria, application requirements 
and the deadline for submitting applications.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on February 26, 2016.
John Augustine,
Director, Office of Infrastructure and Innovative Finance.
[FR Doc. 2016-04802 Filed 3-3-16; 8:45 am]
BILLING CODE 4910-9X-P



                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                             11647

                                                  who participated in this assessment                     30120, respectively, to notify owners,                program, including a statutory 60-day
                                                  reported no difference in their visual                  purchasers, and dealers of a defect or                Congressional notification requirement,
                                                  perception of the test specimens.                       noncompliance and to remedy the                       which is no later than July 30, 2016. In
                                                     Additionally, BMW noted that even                    defect or noncompliance. Therefore, any               order to ensure that the NSFHP grants
                                                  for the out-of-specification lamp, all of               decision on this petition only applies to             are awarded in an expeditious manner
                                                  the eight (8) test points satisfy the                   the subject vehicles that BMW no longer               and in the timeframes established by the
                                                  applicable FMVSS No. 108 photometric                    controlled at the time it determined that             FAST Act, the Department requests
                                                  (illumination) requirements. BMW                        the noncompliance existed. However,                   approval of an information collection
                                                  emphasized that the noncompliance                       any decision on this petition does not                using OMB’s emergency processing
                                                  pertains to the illumination ratio, not to              relieve vehicle distributors and dealers              system to meet Paperwork Reduction
                                                  the actual lamp illumination. As a                      of the prohibitions on the sale, offer for            Act (PRA) requirements.
                                                  consequence, BMW asserts that while                     sale, or introduction or delivery for                   Information related to this ICR,
                                                  the noncompliance condition can be                      introduction into interstate commerce of              including applicable supporting
                                                  measured in a laboratory, it cannot be                  the noncompliant vehicles under their                 documentation may be obtained by
                                                  detected by the human eye, and                          control after BMW notified them that                  contacting the NSFHP program manager
                                                  therefore drivers of approaching                        the subject noncompliance existed.                    via email at NSFHP@dot.gov.
                                                  vehicles will be afforded the same level                                                                      DATES: Comments should be submitted
                                                                                                            Authority: 49 U.S.C. 30118, 30120:
                                                  of visibility as if approaching a non-                  delegations of authority at 49 CFR 1.95 and           as soon as possible upon publication of
                                                  affected vehicle. According to BMW,                     501.8.                                                this notice in the Federal Register.
                                                  these analyses support the conclusion                                                                         Comments and questions should be
                                                  that the condition caused by the                        Jeffrey M. Giuseppe,
                                                                                                                                                                directed to the Office of Information and
                                                  noncompliance does not affect the                       Director, Office of Vehicle Safety Compliance.
                                                                                                                                                                Regulatory Affairs (OIRA), Attn: OST
                                                  safety of affected vehicle occupants or                 [FR Doc. 2016–04862 Filed 3–3–16; 8:45 am]
                                                                                                                                                                OMB Desk Officer, 725 17th Street NW.,
                                                  other road users such as drivers                        BILLING CODE 4910–59–P                                Washington, DC 20503. Comments and
                                                  approaching affected vehicles.                                                                                questions about the ICR identified
                                                     (4) Field Experience: BMW states that
                                                                                                                                                                below may be transmitted electronically
                                                  its Customer Relations division has not                 DEPARTMENT OF TRANSPORTATION                          to OIRA at oira_submissions@
                                                  received any contacts from vehicle
                                                                                                          [Docket No. DOT–OST–2016–0033]                        omb.eop.gov.
                                                  owners regarding the matter at issue. As
                                                  a consequence, BMW believes that,                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                          Agency Request for Emergency
                                                  consistent with the results of the                                                                               OMB Control Number: 2105–XXXX
                                                                                                          Approval of an Information Collection
                                                  laboratory tests and human assessments                                                                           Title: Supplemental Discretionary
                                                  described above, the condition is                       AGENCY: Office of the Secretary of                    Grants for a Nationally Significant
                                                  undetectable to road users such as                      Transportation (OST), DOT.                            Freight and Highway Projects (NSFHP)
                                                  drivers approaching affected vehicles.                  ACTION: Notice and request for                        program, or NSFHP program.
                                                  BMW further notes that it is not aware                  comments.                                                Type of Review: Emergency
                                                  of any accidents or injuries that have                                                                        information collection request.
                                                  occurred as a result of the condition.                  SUMMARY:    In compliance with the                       Expected Number of Respondents:
                                                     (5) Prior NHTSA Rulings: BMW states                  Paperwork Reduction Act of 1995 (44                   Approximately 200.
                                                  that NHTSA has previously granted                       U.S.C. 3501 et seq.), the Department of                  Frequency: The Department expects
                                                  petitions from other manufacturers                      Transportation (DOT) provides notice                  that this information collection will
                                                  involving various issues pertaining to                  that it will submit an information                    occur up to five times—once per fiscal
                                                  FMVSS No. 108 noncompliance. BMW                        collection requests (ICR) to the Office of            year—from FY 2016 through FY 2020.
                                                  believes that in some of those petitions,               Management and Budget (OMB) for                          Estimated Average Burden per
                                                  the photometry (illumination) of the test               emergency approval of a proposed                      Response: 100 hours.
                                                  points remains well above the FMVSS                     information collection. Upon receiving                   Estimated Total Annual Burden:
                                                  No. 108 requirements as the                             the requested six-month emergency                     20,000.
                                                  noncompliance has no affect upon the                    approval by OMB, the Office of the                       Abstract: On December 4, 2015,
                                                  illumination of the test points.                        Secretary of Transportation (OST) will                President Obama signed into law the
                                                     (6) Vehicle Production: BMW stated                   follow the normal PRA procedures to                   Fixing America’s Surface Transportation
                                                  that subsequent vehicle production has                  obtain extended approval for this                     Act, or ‘‘FAST Act.’’ It is the first law
                                                  been corrected to conform to paragraph                  proposed information collection. The                  enacted in over ten years that provides
                                                  7.7.13.3 of FMVSS No. 108.                              collection of information is necessary in             long-term funding certainty for surface
                                                     In summation, BMW expressed the                      order to receive applications for grant               transportation. The FAST Act
                                                  belief that the subject noncompliance is                funds pursuant to Section 1105 of the                 authorized at $4.5 billion for fiscal years
                                                  inconsequential to motor vehicle safety,                Fixing America’s Surface Transportation               (FY) 2016 through 2020, including $800
                                                  and that its petition, to exempt BMW                    (FAST) Act of 2015, which was signed                  million for FY 2016 to be awarded by
                                                  from providing notification of the                      into law on December 4, 2015. Section                 the Department of Transportation (the
                                                  noncompliance, as required by 49                        1105 establishes a new program for OST                ‘‘Department’’) on a competitive basis to
                                                  U.S.C. 30118, and remedying the                         to provide Supplemental Discretionary                 projects of national or regional
                                                  noncompliance, as required by 49                        Grants for a Nationally Significant                   significance. The funds provided by
                                                                                                          Freight and Highway Projects (NSFHP)                  NSFHP program will be awarded on a
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  U.S.C. 30120, should be granted.
                                                     NHTSA notes that the statutory                       program. The Department will also refer               competitive basis to projects that have a
                                                  provisions (49 U.S.C. 30118(d) and                      to NSFHP grants as Fostering                          significant impact on the Nation, a
                                                  30120(h)) that permit manufacturers to                  Advancements in Shipping and                          metropolitan area, or a region. On or
                                                  file petitions for a determination of                   Transportation for the Long-term                      about the date hereof, the Department
                                                  inconsequentiality allow NHTSA to                       Achievement of National Efficiencies                  published a solicitation for applications
                                                  exempt manufacturers only from the                      (FASTLANE) grants. The FAST Act                       for NSFHP grants. The solicitation
                                                  duties found in sections 30118 and                      provides specific deadlines for this                  announces the availability of funding


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                                                  11648                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                  for NSFHP grants, project selection                     of international money laundering and                 foreign correspondent accounts that is
                                                  criteria, application requirements and                  the financing of terrorism. Regulations               reasonably designed to guard against
                                                  the deadline for submitting                             implementing the BSA appear at 31 CFR                 processing transactions involving BPA.
                                                  applications.                                           Chapter X. The authority of the                       Among other things, covered financial
                                                    Authority: The Paperwork Reduction Act                Secretary of the Treasury to administer               institutions would have been required
                                                  of 1995; 44 U.S.C. Chapter 35, as amended;              the BSA and its implementing                          to notify those foreign correspondent
                                                  and 49 CFR 1:48.                                        regulations has been delegated to the                 account holders that the covered
                                                    Issued in Washington, DC, on February 26,
                                                                                                          Director of FinCEN.                                   financial institutions know or have
                                                  2016.                                                      Section 311 of the USA PATRIOT Act                 reason to know provide services to BPA
                                                                                                          (‘‘Section 311’’) grants the Director of              that such correspondents may not
                                                  John Augustine,
                                                                                                          FinCEN the authority, upon finding that               provide BPA with access to the
                                                  Director, Office of Infrastructure and
                                                                                                          reasonable grounds exist for concluding               correspondent account maintained at
                                                  Innovative Finance.
                                                                                                          that a foreign jurisdiction, foreign                  the covered financial institution.
                                                  [FR Doc. 2016–04802 Filed 3–3–16; 8:45 am]
                                                                                                          financial institution, class of
                                                  BILLING CODE 4910–9X–P
                                                                                                          transactions, or type of account is of                III. Subsequent Developments
                                                                                                          ‘‘primary money laundering concern,’’                    Significant developments regarding
                                                                                                          to require domestic financial                         BPA have occurred since FinCEN
                                                  DEPARTMENT OF THE TREASURY                              institutions and financial agencies to                announced its finding and related
                                                                                                          take certain ‘‘special measures’’ to                  NPRM regarding BPA, as described
                                                  Financial Crimes Enforcement Network                    address the primary money laundering                  below. As a result, BPA is no longer
                                                  Financial Crimes Enforcement                            concern. The special measures                         operating as a financial institution that
                                                  Network; Withdrawal of Finding                          enumerated under Section 311 are                      poses a money laundering threat to the
                                                  Regarding Banca Privada d’Andorra                       prophylactic safeguards that defend the               U.S. financial system.
                                                                                                          U.S. financial system from money                         On March 11, 2015, the Institut
                                                  AGENCY: Financial Crimes Enforcement                    laundering and terrorist financing.                   Nacional Andorrà de Finances
                                                  Network (‘‘FinCEN’’), Treasury.                         FinCEN may impose one or more of                      (‘‘INAF’’), the Andorran regulator and
                                                  ACTION: Withdrawal of finding.                          these special measures in order to                    supervisor of financial institutions,
                                                                                                          protect the U.S. financial system from                appointed two INAF representatives to
                                                  SUMMARY:   This document withdraws                      these threats. To that end, special                   oversee BPA’s operations. On March 12,
                                                  FinCEN’s finding that Banca Privada                     measures one through four, codified at                2015, the INAF suspended the authority
                                                  d’Andorra (‘‘BPA’’) is a financial                      31 U.S.C. 5318A(b)(1)–(b)(4), impose                  of BPA’s board of directors, the chief
                                                  institution of primary money laundering                 additional recordkeeping, information                 executive officer and two other senior
                                                  concern, pursuant to Section 311 of the                 collection, and information reporting                 managers and appointed special
                                                  USA PATRIOT Act (‘‘Section 311’’),                      requirements on covered U.S. financial                administrators to assume full control of
                                                  codified at 31 U.S.C. 5318A. Because of                 institutions. The fifth special measure,              BPA. On March 13, 2015, Andorran law
                                                  material subsequent developments that                   codified at 31 U.S.C. 5318A(b)(5),                    enforcement arrested BPA’s chief
                                                  have mitigated the money laundering                     allows the Director to prohibit or                    executive officer in Andorra on
                                                  risks associated with BPA, FinCEN has                   impose conditions on the opening or                   suspicion of money laundering.
                                                  determined that BPA is no longer a                      maintaining of correspondent or                          The next month, in April 2015, the
                                                  primary money laundering concern that                   payable-through accounts by covered                   Andorran parliament enacted a law
                                                  warrants the implementation of a                        U.S. financial institutions.                          regarding the restructuring and
                                                  special measure under Section 311.                                                                            resolution of banks, which created a
                                                  Elsewhere in this issue of the Federal                  II. The Finding and Notice of Proposed                new government agency, Agència
                                                  Register, FinCEN is publishing a                        Rulemaking                                            Estatal de Resolució d’Entitats Bancàries
                                                  withdrawal of the related notice of                        On March 13, 2015, FinCEN provided                 (‘‘AREB’’), for that purpose. On April
                                                  proposed rulemaking that would have                     notice in the Federal Register that it had            27, 2015, AREB took over control of
                                                  imposed a special measure against BPA.                  found Banca Privada d’Andorra                         BPA.3 In June 2015, AREB approved a
                                                  DATES: The finding is withdrawn as of                   (‘‘BPA’’), a bank headquartered in                    resolution plan for BPA, under which
                                                  March 4, 2016.                                          Andorra, to be of primary money                       the bank’s ‘‘good’’ and ‘‘bad’’ assets,
                                                  FOR FURTHER INFORMATION CONTACT: The                    laundering concern.1 Based on the                     liabilities, and clients would be
                                                  FinCEN Resource Center at (800) 767–                    finding, FinCEN also published on                     separated. Under the resolution plan,
                                                  2825.                                                   March 13, 2015 a notice of proposed                   the ‘‘good’’ assets, liabilities, and clients
                                                                                                          rulemaking (‘‘NPRM’’) proposing the                   are to be transferred to a bridge bank,
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          imposition of the fifth special measure               and the bridge bank sold.4 In July 2015,
                                                  I. Background                                           with respect to BPA, and invited public               AREB announced the creation of the
                                                                                                          comment.2 Specifically, FinCEN                        bridge bank, named Vall Banc, to
                                                     On October 26, 2001, the President
                                                                                                          proposed to prohibit covered financial                receive the transfer of BPA’s legitimate
                                                  signed into law the Uniting and
                                                                                                          institutions from establishing,                       assets, liabilities, and clients. Vall Banc
                                                  Strengthening America by Providing
                                                                                                          maintaining, administering, or                        is wholly-owned by AREB, is registered
                                                  Appropriate Tools Required to Intercept
                                                                                                          managing in the United States any                     with the INAF, and is supervised by
                                                  and Obstruct Terrorism Act of 2001,
                                                                                                          correspondent account for, or on behalf
                                                  Public Law 107–56 (‘‘the USA PATRIOT
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          of, BPA. FinCEN also proposed to                        3 Press Release, AREB, AREB Assumes the
                                                  Act’’). Title III of the USA PATRIOT Act                                                                      Tutelage of BPA, April 27, 2015, (http://areb.ad/
                                                                                                          require a covered financial institution to
                                                  amends the anti-money laundering                                                                              images/areb/comunicats/27042015_AREB_
                                                                                                          apply special due diligence to all of its
                                                  provisions of the Bank Secrecy Act                                                                            ENG.pdf.)
                                                                                                                                                                  4 Press Release, AREB, AREB Will Create a ‘Good
                                                  (‘‘BSA’’), codified at 12 U.S.C. 1829b, 12                1 80
                                                                                                               FR 13464 (Mar. 13, 2015).                        Bank’ with Legitimate Assets and Liabilities
                                                  U.S.C. 1951–1959, and 31 U.S.C. 5311–                     2 80
                                                                                                               FR 13304 (Mar. 13, 2015) (RIN 1506–AB30).        Segregated from BPA, June 15, 2015, (http://
                                                  5314, 5316–5332, to promote the                         FinCEN publicly announced the finding and NPRM        areb.ad/images/areb/comunicats/15062015_AREB_
                                                  prevention, detection, and prosecution                  on March 10, 2015.                                    ENG.pdf.)



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Document Created: 2018-02-02 15:05:28
Document Modified: 2018-02-02 15:05:28
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 and request for comments.
DatesComments should be submitted as soon as possible upon publication of this notice in the Federal Register. Comments and questions should be directed to the Office of Information and Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer, 725 17th Street NW., Washington, DC 20503. Comments and questions about the ICR identified below may be transmitted electronically to OIRA at [email protected]
FR Citation81 FR 11647 

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