82_FR_36328 82 FR 36180 - 60-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants

82 FR 36180 - 60-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 148 (August 3, 2017)

Page Range36180-36182
FR Document2017-16343

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.

Federal Register, Volume 82 Issue 148 (Thursday, August 3, 2017)
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36180-36182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16343]


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DEPARTMENT OF STATE

[Public Notice: 10065]


60-Day Notice of Proposed Information Collection: Supplemental 
Questions for Visa Applicants

ACTION: Notice of request for public comment.

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

SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
In accordance with the Paperwork Reduction Act of 1995, we are 
requesting comments on this collection from all interested individuals 
and organizations. The purpose of this notice is to allow 60 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to 
October 2, 2017.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the Internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2017-0032'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
    You must include the DS form number (if applicable), information 
collection title, and the OMB control number in any correspondence.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice, including 
requests

[[Page 36181]]

for copies of the proposed collection instrument and supporting 
documents to [email protected].

SUPPLEMENTARY INFORMATION:
     Title of Information Collection: Supplemental Questions 
for Visa Applicants.
     OMB Control Number: 1405-0226.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: Bureau of Consular Affairs, Visa 
Office (CA/VO).
     Form Number: DS-5535.
     Respondents: Certain immigrant and nonimmigrant visa 
applicants worldwide who have been determined to warrant additional 
scrutiny in connection with terrorism, national security-related, or 
other visa ineligibilities.
     Estimated Number of Respondents: 65,000.
     Estimated Number of Responses: 65,000.
     Average Time per Response: 60 minutes.
     Total Estimated Burden Time: 65,000 annual hours.
     Frequency: Once per respondent's application.
     Obligation To Respond: Required to Obtain or Retain a 
Benefit.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden for this proposed collection, including the validity of the 
methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The Department proposes requesting the following information, if 
not already included in an application, from a subset of visa 
applicants worldwide, in order to more rigorously evaluate applicants 
for terrorism, national security-related, or other visa 
ineligibilities:
     Travel history during the last fifteen years, including 
source of funding for travel;
     Address history during the last fifteen years;
     Employment history during the last fifteen years;
     All passport numbers and country of issuance held by the 
applicant;
     Names and dates of birth for all siblings;
     Name and dates of birth for all children;
     Names and dates of birth for all current and former 
spouses, or civil or domestic partners;
     Social media platforms and identifiers, also known as 
handles, used during the last five years; and
     Phone numbers and email addresses used during the last 
five years.
    Regarding travel history, applicants may be requested to provide 
details of their international or domestic (within their country of 
nationality) travel, if it appears to the consular officer that the 
applicant has been in an area while the area was under the operational 
control of a terrorist organization as defined in section 
212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 
1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the 
details of their travel, and when possible, provide supporting 
documentation.
    This information collection continues implementation of the 
directive of the President, in the Memorandum for the Secretary of 
State, the Attorney General, the Secretary of Homeland Security of 
March 6, 2017, to implement additional protocols and procedures focused 
on ``ensur[ing] the proper collection of all information necessary to 
rigorously evaluate all grounds of inadmissibility or deportability, or 
grounds for the denial of other immigration benefits.'' Consular posts 
worldwide regularly engage with U.S. law enforcement and partners in 
the U.S. intelligence community to identify characteristics of 
applicant populations warranting increased scrutiny. The additional 
information collected will facilitate consular officer efforts to apply 
more rigorous evaluation of these applicants for visa ineligibilities. 
In accordance with existing authorities, visas may not be denied on the 
basis of race, religion, ethnicity, national origin, political views, 
gender, or sexual orientation.
    In our emergency information collection request, we stated that 
relevant State Department officials estimate that 0.5% of U.S. visa 
applicants worldwide, or in the range of 65,000 individuals per annum, 
will present a threat profile, based on individual circumstances and 
information they provide, that will lead U.S. consular officers at 
posts around the world to conclude the applicant warrants enhanced 
screening for visa ineligibilities. At this time, this continues to 
represent the Department's best estimate. Given the short period since 
the collection's implementation, the data from consular posts at this 
time would not represent an accurate estimate of how many applicants 
might be subject to this collection annually. A lengthier period of 
post implementation will better inform this estimate, and the 
Department will update the estimate accordingly. An updated estimate 
that reflects post experience will be provided in the Department's 30 
day notice.
    Failure to provide requested information will not necessarily 
result in visa denial, if the consular officer determines the applicant 
has provided a credible explanation why he or she cannot answer a 
question or provide requested supporting documentation, such that the 
consular officer is able to conclude that the applicant has provided 
adequate information to determine the applicant's eligibility to 
receive the visa. The collection of social media platforms and 
identifiers will not be used to deny visas based on applicants' race, 
religion, ethnicity, national origin, political views, gender, or 
sexual orientation.

Methodology

    Department of State consular officers at visa-adjudicating posts 
worldwide will ask the proposed additional questions to resolve an 
applicant's identity or to vet for terrorism, national security-
related, or other visa ineligibilities when the consular officer 
determines that the circumstances of a visa applicant, a review of a 
visa application, or responses in a visa interview indicate a need for 
greater scrutiny. The additional questions may be sent electronically 
to the applicant or be presented orally or in writing at the time of 
the interview. In furtherance of this collection, consular officers are 
directed not to request user passwords; engage or interact with 
individual visa applicants on or through social media when conducting 
assessments of visa eligibility; not to violate or attempt to violate 
individual privacy settings or controls; and not to use social media or 
assess an individual's social media presence beyond established 
Department guidance. Consular staff are also directed in connection 
with this collection to take particular care to

[[Page 36182]]

avoid collection of third-party information.

Edward Ramotowski,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2017-16343 Filed 8-2-17; 8:45 am]
BILLING CODE 4710-06-P



                                                  36180                        Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices

                                                  systems, programs, and operations), the                 when performing their official duties.                information they are contesting, and
                                                  Federal Government, or national                         Security measures include, but are not                state the corrective action sought and
                                                  security, resulting from a suspected or                 limited to, the use of codes and profiles,            the reasons for the correction with
                                                  confirmed breach.                                       PIN and password, and personal                        supporting justification showing how
                                                    10. To the Equal Employment                           identification verification cards. We                 the record is incomplete, untimely,
                                                  Opportunity Commission when                             keep paper records in locked cabinets                 inaccurate, or irrelevant. These
                                                  requested in connection with                            within secure areas, with access limited              procedures are in accordance with our
                                                  investigation into alleged or possible                  to only those employees who have an                   regulations at 20 CFR 401.65(a).
                                                  discriminatory practices in the Federal                 official need for access in order to
                                                                                                                                                                NOTIFICATION PROCEDURES:
                                                  sector, examination of Federal afimative                perform their duties.
                                                  employment programs, compliance by                        We annually provide our employees                     Same as record access procedures.
                                                  Federal agencies with the Uniform                       and contractors with appropriate                      These procedures are in accordance
                                                  Guidelines on Employee Selection                        security awareness training that                      with our regulations at 20 CFR 401.40
                                                  Procedures, or other functions vested in                includes reminders about the need to                  and 401.45.
                                                  the Commission.                                         protect PII and the criminal penalties                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                    11. To the Merit Systems Protection                   that apply to unauthorized access to, or
                                                                                                                                                                  None.
                                                  Board or the Office of Special Counsel                  disclosure of, PII (5 U.S.C. 552a(i)(1)).
                                                  in connection with appeals, special                     Furthermore, employees and contractors                HISTORY:
                                                  studies of the civil service and other                  with access to databases maintaining PII                None.
                                                  merit systems, review of rules and                      must sign a sanctions document                        [FR Doc. 2017–16331 Filed 8–2–17; 8:45 am]
                                                  regulations, investigations of alleged or               annually, acknowledging their                         BILLING CODE 4191–02–P
                                                  possible prohibited personnel practices,                accountability for inappropriately
                                                  and other such functions promulgated                    accessing or disclosing such
                                                  in 5 U.S.C. Chapter 12, or as may be                    information.                                          DEPARTMENT OF STATE
                                                  required by law.
                                                                                                          RECORD ACCESS PROCEDURES:                             [Public Notice: 10065]
                                                    12. To the Federal Labor Relations
                                                  Authority, the Office of the Special                       Individuals may submit requests for
                                                  Counsel, the Federal Mediation and                      information about whether this system                 60-Day Notice of Proposed Information
                                                  Conciliation Service, the Federal                       contains a record about them by                       Collection: Supplemental Questions
                                                  Service Impasses Panel, or an arbitrator                submitting a written request to the                   for Visa Applicants
                                                  requesting information in connection                    system manager at the above address,
                                                                                                          which includes their name, SSN, or                          Notice of request for public
                                                                                                                                                                ACTION:
                                                  with the investigations of allegations of                                                                     comment.
                                                  unfair practices, matters before an                     other information that may be in this
                                                  arbitrator or the Federal Service                       system of records that will identify                  SUMMARY:    The Department of State is
                                                  Impasses Panel.                                         them. Individuals requesting                          seeking Office of Management and
                                                                                                          notification of, or access to, a record by            Budget (OMB) approval for the
                                                  POLICIES AND PRACTICES FOR STORAGE OF                   mail must include (1) a notarized
                                                  RECORDS:
                                                                                                                                                                information collection described below.
                                                                                                          statement to us to verify their identity              In accordance with the Paperwork
                                                    We will maintain records in this                      or (2) must certify in the request that               Reduction Act of 1995, we are
                                                  system in paper and electronic form.                    they are the individual they claim to be              requesting comments on this collection
                                                  POLICIES AND PRACTICES FOR RETRIEVAL OF
                                                                                                          and that they understand that the                     from all interested individuals and
                                                  RECORDS:                                                knowing and willful request for, or                   organizations. The purpose of this
                                                    We may retrieve records by the                        acquisition of, a record pertaining to                notice is to allow 60 days for public
                                                  individual’s name, the individual’s                     another individual under false pretenses              comment preceding submission of the
                                                  SSN, topic of chat, date of                             is a criminal offense.                                collection to OMB.
                                                  communication, an employee’s name, or                      Individuals requesting notification of,
                                                                                                                                                                DATES: The Department will accept
                                                  an employee’s personal identification                   or access to, records in person must
                                                                                                                                                                comments from the public up to October
                                                  number (PIN).                                           provide their name, SSN, or other
                                                                                                                                                                2, 2017.
                                                                                                          information that may be in this system
                                                                                                                                                                ADDRESSES: You may submit comments
                                                  POLICIES AND PRACTICES FOR RETENTION AND                of records that will identify them, as
                                                  DISPOSAL OF RECORDS:                                    well as provide an identity document,                 by any of the following methods:
                                                                                                          preferably with a photograph, such as a                  • Web: Persons with access to the
                                                    These records are currently
                                                                                                          driver’s license. Individuals lacking                 Internet may comment on this notice by
                                                  unscheduled. We retain records in
                                                                                                          identification documents sufficient to                going to www.Regulations.gov. You can
                                                  accordance with NARA approved
                                                                                                          establish their identity must certify in              search for the document by entering
                                                  records schedules. In accordance with
                                                                                                          writing that they are the individual they             ‘‘Docket Number: DOS–2017–0032’’ in
                                                  NARA rules codified at 36 CFR 1225.16,
                                                                                                          claim to be and that they understand                  the Search field. Then click the
                                                  we maintain unscheduled records until
                                                                                                          that the knowing and willful request for,             ‘‘Comment Now’’ button and complete
                                                  NARA approves an agency-specific
                                                                                                          or acquisition of, a record pertaining to             the comment form.
                                                  records schedule or publishes a
                                                                                                                                                                   • Email: PRA_BurdenComments@
                                                  corresponding General Records                           another individual under false pretenses
                                                                                                                                                                state.gov.
                                                  Schedule.                                               is a criminal offense.
                                                                                                                                                                   You must include the DS form
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                                                                                                             These procedures are in accordance
                                                  ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                                                                       number (if applicable), information
                                                                                                          with our regulations at 20 CFR 401.40
                                                  SAFEGUARDS:                                                                                                   collection title, and the OMB control
                                                                                                          and 401.45.
                                                    We retain electronic and paper files                                                                        number in any correspondence.
                                                  with personal identifiers in secure                     CONTESTING RECORD PROCEDURES:                         FOR FURTHER INFORMATION CONTACT:
                                                  storage areas accessible only by our                      Same as record access procedures.                   Direct requests for additional
                                                  authorized employees and contractors                    Individuals should also reasonably                    information regarding the collection
                                                  who have a need for the information                     identify the record, specify the                      listed in this notice, including requests


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                                                                               Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices                                           36181

                                                  for copies of the proposed collection                      • Address history during the last                  U.S. consular officers at posts around
                                                  instrument and supporting documents                     fifteen years;                                        the world to conclude the applicant
                                                  to PRA_BurdenComments@state.gov.                           • Employment history during the last               warrants enhanced screening for visa
                                                  SUPPLEMENTARY INFORMATION:                              fifteen years;                                        ineligibilities. At this time, this
                                                    • Title of Information Collection:                       • All passport numbers and country                 continues to represent the Department’s
                                                  Supplemental Questions for Visa                         of issuance held by the applicant;                    best estimate. Given the short period
                                                  Applicants.                                                • Names and dates of birth for all
                                                                                                                                                                since the collection’s implementation,
                                                    • OMB Control Number: 1405–0226.                      siblings;
                                                                                                                                                                the data from consular posts at this time
                                                    • Type of Request: Extension of a                        • Name and dates of birth for all
                                                                                                          children;                                             would not represent an accurate
                                                  Currently Approved Collection.
                                                    • Originating Office: Bureau of                          • Names and dates of birth for all                 estimate of how many applicants might
                                                  Consular Affairs, Visa Office (CA/VO).                  current and former spouses, or civil or               be subject to this collection annually. A
                                                    • Form Number: DS–5535.                               domestic partners;                                    lengthier period of post implementation
                                                    • Respondents: Certain immigrant                         • Social media platforms and                       will better inform this estimate, and the
                                                  and nonimmigrant visa applicants                        identifiers, also known as handles, used              Department will update the estimate
                                                  worldwide who have been determined                      during the last five years; and                       accordingly. An updated estimate that
                                                  to warrant additional scrutiny in                          • Phone numbers and email                          reflects post experience will be
                                                  connection with terrorism, national                     addresses used during the last five                   provided in the Department’s 30 day
                                                  security-related, or other visa                         years.                                                notice.
                                                  ineligibilities.                                           Regarding travel history, applicants
                                                    • Estimated Number of Respondents:                    may be requested to provide details of                  Failure to provide requested
                                                  65,000.                                                 their international or domestic (within               information will not necessarily result
                                                    • Estimated Number of Responses:                      their country of nationality) travel, if it           in visa denial, if the consular officer
                                                  65,000.                                                 appears to the consular officer that the              determines the applicant has provided a
                                                    • Average Time per Response: 60                       applicant has been in an area while the               credible explanation why he or she
                                                  minutes.                                                area was under the operational control                cannot answer a question or provide
                                                    • Total Estimated Burden Time:                        of a terrorist organization as defined in             requested supporting documentation,
                                                  65,000 annual hours.                                    section 212(a)(3)(B)(vi) of the                       such that the consular officer is able to
                                                    • Frequency: Once per respondent’s                    Immigration and Nationality Act, 8                    conclude that the applicant has
                                                  application.                                            U.S.C. 1182(a)(3)(B)(vi). Applicants may              provided adequate information to
                                                    • Obligation To Respond: Required to                  be asked to recount or explain the                    determine the applicant’s eligibility to
                                                  Obtain or Retain a Benefit.                             details of their travel, and when                     receive the visa. The collection of social
                                                    We are soliciting public comments to
                                                                                                          possible, provide supporting                          media platforms and identifiers will not
                                                  permit the Department to:
                                                                                                          documentation.                                        be used to deny visas based on
                                                    • Evaluate whether the proposed
                                                                                                             This information collection continues              applicants’ race, religion, ethnicity,
                                                  information collection is necessary for
                                                                                                          implementation of the directive of the                national origin, political views, gender,
                                                  the proper functions of the Department.
                                                    • Evaluate the accuracy of our                        President, in the Memorandum for the                  or sexual orientation.
                                                  estimate of the time and cost burden for                Secretary of State, the Attorney General,
                                                                                                          the Secretary of Homeland Security of                 Methodology
                                                  this proposed collection, including the
                                                  validity of the methodology and                         March 6, 2017, to implement additional
                                                                                                          protocols and procedures focused on                      Department of State consular officers
                                                  assumptions used.                                                                                             at visa-adjudicating posts worldwide
                                                    • Enhance the quality, utility, and                   ‘‘ensur[ing] the proper collection of all
                                                                                                          information necessary to rigorously                   will ask the proposed additional
                                                  clarity of the information to be                                                                              questions to resolve an applicant’s
                                                  collected.                                              evaluate all grounds of inadmissibility
                                                                                                          or deportability, or grounds for the                  identity or to vet for terrorism, national
                                                    • Minimize the reporting burden on
                                                  those who are to respond, including the                 denial of other immigration benefits.’’               security-related, or other visa
                                                  use of automated collection techniques                  Consular posts worldwide regularly                    ineligibilities when the consular officer
                                                  or other forms of information                           engage with U.S. law enforcement and                  determines that the circumstances of a
                                                  technology.                                             partners in the U.S. intelligence                     visa applicant, a review of a visa
                                                    Please note that comments submitted                   community to identify characteristics of              application, or responses in a visa
                                                  in response to this Notice are public                   applicant populations warranting                      interview indicate a need for greater
                                                  record. Before including any detailed                   increased scrutiny. The additional                    scrutiny. The additional questions may
                                                  personal information, you should be                     information collected will facilitate                 be sent electronically to the applicant or
                                                  aware that your comments as submitted,                  consular officer efforts to apply more                be presented orally or in writing at the
                                                  including your personal information,                    rigorous evaluation of these applicants               time of the interview. In furtherance of
                                                  will be available for public review.                    for visa ineligibilities. In accordance               this collection, consular officers are
                                                                                                          with existing authorities, visas may not              directed not to request user passwords;
                                                  Abstract of Proposed Collection                         be denied on the basis of race, religion,             engage or interact with individual visa
                                                     The Department proposes requesting                   ethnicity, national origin, political                 applicants on or through social media
                                                  the following information, if not already               views, gender, or sexual orientation.                 when conducting assessments of visa
                                                  included in an application, from a                         In our emergency information
                                                                                                          collection request, we stated that                    eligibility; not to violate or attempt to
                                                  subset of visa applicants worldwide, in
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                                                                                                          relevant State Department officials                   violate individual privacy settings or
                                                  order to more rigorously evaluate
                                                  applicants for terrorism, national                      estimate that 0.5% of U.S. visa                       controls; and not to use social media or
                                                  security-related, or other visa                         applicants worldwide, or in the range of              assess an individual’s social media
                                                  ineligibilities:                                        65,000 individuals per annum, will                    presence beyond established
                                                     • Travel history during the last fifteen             present a threat profile, based on                    Department guidance. Consular staff are
                                                  years, including source of funding for                  individual circumstances and                          also directed in connection with this
                                                  travel;                                                 information they provide, that will lead              collection to take particular care to


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                                                  36182                        Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices

                                                  avoid collection of third-party                            As a condition to this exemption, any                 matters must be filed within 15 days
                                                  information.                                            employee adversely affected by the                       after the EA becomes available to the
                                                                                                          abandonment shall be protected under                     public.
                                                  Edward Ramotowski,
                                                                                                          Oregon Short Line Railroad—                                 Environmental, historic preservation,
                                                  Deputy Assistant Secretary, Bureau of                   Abandonment Portion Goshen Branch                        public use, or trail use/rail banking
                                                  Consular Affairs, Department of State.
                                                                                                          Between Firth & Ammon, in Bingham &                      conditions will be imposed, where
                                                  [FR Doc. 2017–16343 Filed 8–2–17; 8:45 am]              Bonneville Counties, Idaho, 360 I.C.C.                   appropriate, in a subsequent decision.
                                                  BILLING CODE 4710–06–P                                  91 (1979). To address whether this                          Pursuant to the provisions of 49 CFR
                                                                                                          condition adequately protects affected                   1152.29(e)(2), NSR shall file a notice of
                                                                                                          employees, a petition for partial                        consummation with the Board to signify
                                                  SURFACE TRANSPORTATION BOARD                            revocation under 49 U.S.C. 10502(d)                      that it has exercised the authority
                                                                                                          must be filed.                                           granted and fully abandoned the Line. If
                                                  [Docket No. AB 290 (Sub–No. 388X)]                         Provided no formal expression of                      consummation has not been effected by
                                                                                                          intent to file an offer of financial                     NSR’s filing of a notice of
                                                  Norfolk Southern Railway Company—                       assistance (OFA) has been received, this                 consummation by August 3, 2018, and
                                                  Abandonment Exemption—in Atlanta,                       exemption will be effective on                           there are no legal or regulatory barriers
                                                  Ga.                                                     September 2, 2017, unless stayed                         to consummation, the authority to
                                                     Norfolk Southern Railway Company                     pending reconsideration. Petitions to                    abandon will automatically expire.
                                                                                                          stay that do not involve environmental                      Board decisions and notices are
                                                  (NSR) has filed a verified notice of
                                                                                                          issues,3 formal expressions of intent to                 available on our Web site at
                                                  exemption 1 under 49 CFR part 1152
                                                                                                          file an OFA under 49 CFR                                 ‘‘WWW.STB.GOV.’’
                                                  subpart F—Exempt Abandonments to
                                                                                                          1152.27(c)(2),4 and interim trail use/rail
                                                  abandon approximately 1.0 mile of rail                                                                             Decided: July 31, 2017.
                                                                                                          banking requests under 49 CFR 1152.29
                                                  line between milepost DF 632.10 and                                                                                By the Board, Rachel D. Campbell,
                                                                                                          must be filed by August 11, 2017.
                                                  milepost DF 633.10 in Atlanta, Ga. (the                                                                          Director, Office of Proceedings.
                                                                                                          Petitions to reopen or requests for
                                                  Line).2 The Line traverses United States                                                                         Marline Simeon,
                                                                                                          public use conditions under 49 CFR
                                                  Postal Service Zip Codes 30324 and                                                                               Clearance Clerk.
                                                                                                          1152.28 must be filed by August 23,
                                                  30309.                                                                                                           [FR Doc. 2017–16356 Filed 8–2–17; 8:45 am]
                                                                                                          2017, with the Surface Transportation
                                                     NSR has certified that: (1) No local
                                                                                                          Board, 395 E Street SW., Washington,                     BILLING CODE 4915–01–P
                                                  traffic has moved over the Line for at                  DC 20423–0001.
                                                  least two years; (2) no overhead traffic                   A copy of any petition filed with the
                                                  has moved over the Line for at least two                Board should be sent to William A.                       DEPARTMENT OF TRANSPORTATION
                                                  years and overhead traffic, if there were               Mullins, Baker & Miller PLLC, 2401
                                                  any, could be rerouted over other lines;                Pennsylvania Ave. NW., Suite 300,                        Federal Motor Carrier Safety
                                                  (3) no formal complaint filed by a user                 Washington, DC 20037.                                    Administration
                                                  of rail service on the Line (or by a state                 If the verified notice contains false or
                                                  or local government entity acting on                                                                             [Docket No. FMCSA–2015–0239]
                                                                                                          misleading information, the exemption
                                                  behalf of such user) regarding cessation                is void ab initio.                                       Parts and Accessories Necessary for
                                                  of service over the Line either is                         NSR has filed a combined                              Safe Operation; Hino Motors
                                                  pending with the Surface                                environmental and historic report that                   Manufacturing U.S.A., Inc.
                                                  Transportation Board (Board) or with                    addresses the effects, if any, of the
                                                  any U.S. District Court or has been                     abandonment on the environment and                       AGENCY: Federal Motor Carrier Safety
                                                  decided in favor of a complainant                       historic resources. OEA will issue an                    Administration (FMCSA), DOT.
                                                  within the two-year period; and (4) the                 environmental assessment (EA) by                         ACTION: Notice of final disposition.
                                                  requirements at 49 CFR 1105.7(c)                        August 8, 2017. Interested persons may
                                                  (environmental report), 49 CFR 1105.11                  obtain a copy of the EA by writing to                    SUMMARY:   The Federal Motor Carrier
                                                  (transmittal letter), 49 CFR 1105.12                    OEA (Room 1100, Surface                                  Safety Administration (FMCSA)
                                                  (newspaper publication), and 49 CFR                     Transportation Board, Washington, DC                     announces its decision to grant Hino
                                                  1152.50(d)(1) (notice to governmental                   20423–0001) or by calling OEA at (202)                   Motors Manufacturing U.S.A., Inc.’s
                                                  agencies) have been met.                                245–0305. Assistance for the hearing                     (Hino) application for a limited 5-year
                                                                                                          impaired is available through the                        exemption allowing motor carriers
                                                    1 NSR initially filed its verified notice on March
                                                                                                          Federal Information Relay Service at                     operating commercial motor vehicles
                                                  27, 2017. After submitting the filing, NSR              (800) 877–8339. Comments on                              (CMVs) manufactured by the company
                                                  discovered that its combined Environmental and                                                                   to use an Automated Emergency Braking
                                                  Historic Reports (E&HR) contained an incorrect          environmental and historic preservation
                                                  milepost designation which, when changed,
                                                                                                                                                                   (AEB) system and a Lane Departure
                                                  impacted the E&HR. At the request of NSR, the              3 The Board will grant a stay if an informed          Warning (LDW) system camera mounted
                                                  proceeding was held in abeyance by a decision           decision on environmental issues (whether raised         in the windshield area at a height lower
                                                  served on April 5, 2017. NSR now has corrected          by a party or by the Board’s Office of Environmental     than currently allowed. The Agency has
                                                  and reissued its E&HR. NSR filed its revised            Analysis (OEA) in its independent investigation)
                                                  verified notice on July 14, 2017, which therefore is    cannot be made before the exemption’s effective
                                                                                                                                                                   determined that lower placement of the
                                                  the official filing date.                               date. See Exemption of Out-of-Serv. Rail Lines, 5        AEB/LDW system camera would not
                                                    2 NSR states that the Line includes the portion of    I.C.C.2d 377 (1989). Any request for a stay should       have an adverse impact on safety and
                                                  NSR’s right-of-way that the Board found not to have     be filed as soon as possible so that the Board may       that adherence to the terms and
mstockstill on DSK30JT082PROD with NOTICES




                                                  been abandoned in Atlanta Development                   take appropriate action before the exemption’s
                                                                                                          effective date.
                                                                                                                                                                   conditions of the exemption would
                                                  Authority—Verified Petition for a Declaratory
                                                  Order, FD 35991, slip op. at 9 (STB served Dec. 15,        4 Each OFA must be accompanied by the filing          achieve a level of safety equivalent to or
                                                  2016), reconsideration denied, FD 35591 (STB            fee, which is currently set at $1,700. See 49 CFR        greater than the level of safety provided
                                                  served May 26, 1017). NSR states that it plans to       1002.2(f)(25). Effective September 1, 2017, the filing   by the regulation.
                                                  convey the easement and wye right-of-way to             fee will be $1,800. See Regulations Governing Fees
                                                                                                                                                                   DATES: This exemption is effective
                                                  Atlanta BeltLine, Inc. for urban development and to     for Servs. Performed in Connection with Licensing
                                                  improve the City’s infrastructure upon                  & Related Servs.—2017 Update, EP 542 (Sub-No.            August 3, 2017 and ending August 3,
                                                  consummation of the proposed abandonment.               25) (STB served July 28, 2017).                          2022.


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Document Created: 2017-08-03 07:24:36
Document Modified: 2017-08-03 07:24:36
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 of request for public comment.
DatesThe Department will accept comments from the public up to October 2, 2017.
ContactDirect requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents to [email protected]
FR Citation82 FR 36180 

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