37454 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Notices

Administration, MAR 832 Room 7201,

400 Seventh Street, SW, Washington,

DC 20590. Telephone 202–366–0760.

SUPPLEMENTARY INFORMATION: Title V of

Pub.L. 105–383 provides authority to

the Secretary of Transportation to

administratively waive the U.S.-build

requirements of the Jones Act, and other

statutes, for small commercial passenger

vessels (less than 12 passengers). This

authority has been delegated to the

Maritime Administration per 49 CFR

1.66, Delegations to the Maritime

Administrator, as amended. By this

notice, MARAD is publishing

information on a vessel for which a

request for a U.S.-build waiver has been

received, and for which MARAD

requests comments from interested

parties. Comments should refer to the

docket number of this notice and the

vessel name in order for MARAD to

properly consider the comments.

Comments should also state the

commentor’s interest in the waiver

application, and address the waiver

criteria given in § 388.4 of MARAD’S

regulations at 46 CFR 388.

Vessel Proposed for Waiver of the U.S.-

build Requirement

(1) Name of vessel and owner for

which waiver is requested: Name of

vessel: Maria Christina Owner: Paul S.

Mackey

(2) Size, capacity and tonnage of

vessel: According to the Applicant:

‘‘Size: 47 ft.—25 tons pursuant to 46

U.S.C. 14502.’’

(3) Intended use for vessel, including

geographic region of intended operation

and trade. According to the applicant:

Six person dinner charters and sailing

tours from Portsmouth, New Hampshire

to Cape Elizabeth, Maine.

(4) Date and place of construction and

(if applicable) rebuilding. Date of

construction: 1978, place of

construction: Blue Water Yachts,

Taiwan.

(5) A statement on the impact this

waiver will have on other commercial

passenger vessel operators. According to

the applicant: ‘‘I believe there will be no

impact on any commercial passenger

vessel in the North East region where as

there is no other vessels that I know of

offering small six person dinner

charters. There are larger—150 person

plus tour boats in the N.E. region that

I know of.’’

(6) A statement on the impact this

waiver will have on U.S. shipyards.

According to the applicant: ‘‘ I don’t see

where six person dinner charters would

have any impact on any U.S.

shipyards.’’

By Order of the Maritime Administrator.

Dated: June 8, 2000.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 00–14973 Filed 6–13–00; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

[Docket No. RSPA–2000–6944 (Notice No.

00–6)]

Reports, Forms and Recordkeeping

Requirements Agency Information

Collection Activity Under OMB Review

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice and request for

comments.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice

announces that the Information

Collection Requests (ICRs) abstracted

below have been forwarded to the Office

of Management and Budget (OMB) for

review and comments. The ICRs

describe the nature of the information

collections and their expected burden.

The Federal Register Notice with a 60-

day comment period soliciting

comments on the following collections

of information was published on April

5, 2000, [17940–17943].

DATES: Comments must be submitted on

or before July 14, 2000.

FOR FURTHER INFORMATION CONTACT:

Deborah Boothe, Office of Hazardous

Materials Standards (DHM–10),

Research and Special Programs

Administration, Room 8422, 400

Seventh Street, SW, Washington, DC

20590–0001, Telephone (202) 366–8553.

SUPPLEMENTARY INFORMATION:

Title: Rail Carriers and Tank Car

Tanks Requirements.

OMB Control Number: 2137–0559.

Type of Request: Extension of a

currently approved collection.

Abstract: This information collection

consolidates and describes the

information collection provisions in

parts 172, 173, 174, 179, and 180 of the

Hazardous Materials Regulations (HMR;

49 CFR parts 171–180) on the

transportation of hazardous materials by

rail and the manufacture, qualification,

maintenance and use of tank cars. The

types of information collected include:

(1) Approvals of the Association of

American Railroads (AAR) Tank Car

Committee: An approval is required

from the AAR Tank Car Committee for

a tank car to be used for a commodity

other than those specified in part 173

and on the certificate of construction.

This information is used to ascertain

whether a commodity is suitable for

transportation in a tank car. AAR

approval also is required for an

application for approval of designs,

materials and construction, conversion

or alteration of tank car tanks

constructed to a specification in part

179 or an application for construction of

tank cars to any new specification. This

information is used to ensure that the

design, construction or modification of

a tank car or the construction of a tank

car to a new specification is performed

in accordance with the applicable

requirements.

(2) Progress Reports: Each owner of a

tank car that is required to be modified

to meet certain requirements specified

in § 173.31(b) must submit a progress

report to the Federal Railroad

Administration (FRA). This information

is used by FRA to ensure that all

affected tank cars are modified before

the regulatory compliance date.

(3) FRA Approvals: An approval is

required from FRA to transport a bulk

packaging (such as a portable tank, IM

portable tank, intermediate bulk

container, cargo tank, or multi-unit tank

car tank) containing a hazardous

material in container-on-flat-car or

trailer-on-flat-car service other than as

authorized by § 174.63. FRA uses this

information to ensure that the bulk

package is properly secured using an

adequate restraint system during

transportation. Also an FRA approval is

required for the movement of any tank

car that does not conform to the

applicable requirements in the HMR.

RSPA proposed (September 30 1999; 64

FR 53169) to broaden this provision to

include the movement of covered

hopper cars, gondola cars, and other

types of railroad equipment when they

no longer conform to Federal law but

may safely be moved to a repair

location. These latter movements are

currently being reported under the

information collection for exemption

applications.

(4) Manufacturer Reports and

Certificate of Construction: These

documents are prepared by tank car

manufacturers and are used by owners,

users and FRA personnel to verify that

rail tank cars conform to the applicable

specification.

(5) Quality Assurance Program:

Facilities that build, repair and ensure

the structural integrity of tank cars are

required to develop and implement a

quality assurance program. This

information is used by the facility and

DOT compliance personnel to ensure

that each tank car is constructed or

Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Notices 37455

repaired in accordance with the

applicable requirements.

(6) Inspection Reports: A written

report must be prepared and retained for

each tank car that is inspected and

tested in accordance with § 180.509 of

the HMR. Rail carriers, users, and the

FRA use this information to ensure that

rail tank cars are properly maintained

and in safe condition for transporting

hazardous materials.

Affected Public: Manufacturers,

owners and rail carriers of tank cars.

Estimated Number of Respondents:

260.

Estimated Number of Responses:

16,640.

Annual Estimated Burden Hours:

2,759.

Frequency of Collection: Annually.

Title: Requirements for Cargo Tanks

OMB Control Number: 2137–0014

Type of Request: Extension of a

currently approved collection.

Abstract: This information collection

consolidates and describes the

information collection provisions in

parts 178 and 180 of the HMR involving

the manufacture, qualification,

maintenance and use of all specification

cargo tank motor vehicles. Also it

includes the information collection and

recordkeeping requirements for persons

who are engaged in the manufacture,

assembly, requalification and

maintenance of DOT specification cargo

tank motor vehicles. The types of

information collected include:

(1) Registration Statements: Cargo

tank manufacturers and repairers and

cargo tank motor vehicle assemblers are

required to be registered with DOT by

furnishing information relative to their

qualifications to perform the functions

in accordance with the HMR. The

registration statements are used to

identify these persons so that DOT can

ensure that they have the knowledge

and skills necessary to perform the

required functions and that they are

performing the specified functions in

accordance with the applicable

regulations.

(2) Requalification and Maintenance

Reports: These reports are prepared by

persons who requalify or maintain cargo

tanks. This information is used by cargo

tank owners, operators and users, and

DOT compliance personnel to verify

that the cargo tanks are requalified,

maintained and are in proper condition

for the transportation of hazardous

materials.

(3) Manufacturers’ Data Reports,

Certificates and Related Papers: These

reports are prepared by cargo tank

manufacturers, certifiers and are used

by cargo tank owners, operators, users

and DOT compliance personnel to

verify that a cargo tank motor vehicle

was designed and constructed to meet

all requirements of the applicable

specification.

Affected Public: Manufacturers,

assemblers, repairers, requalifiers,

certifiers and owners of cargo tanks.

Estimated Number of Respondents:

41,366.

Estimated Number of Responses:

132,600.

Annual Estimated Burden Hours:

106,262.

Frequency of Collection: Periodically.

Title: Rulemaking, Exemption, and

Preemption Requirements.

OMB Control Number: 2137–0051.

Type of Request: Extension of a

currently approved collection.

Abstract: This collection of

information applies to rulemaking

procedures regarding the HMR. Specific

areas covered in this information

collection include Part 106, Subpart B,

‘‘Procedures for Adoption of Rules,’’

Part 107, subpart B, ‘‘Exemptions,’’ Part

107, Subpart C, ‘‘Preemption.’’ The

Federal hazardous materials

transportation law directs the Secretary

of Transportation to prescribe

regulations for the safe transportation of

hazardous materials in commerce. RSPA

is authorized to accept petitions for

rulemaking and for reconsideration of

rulemakings, as well as applications for

exemptions, preemption determinations

and waivers of preemption. The types of

information collected include:

(1) Petitions for Rulemaking: Any

person may petition the Associate

Administrator for Hazardous Materials

Safety to establish, amend, or repeal a

substantive regulation, or may petition

the Chief Counsel to establish, amend,

or repeal a procedural regulation in Part

106 or 107.

(2) Petitions for Reconsideration:

Except as provided in § 106.39(d), any

person may petition the Associate

Administrator for reconsideration of any

regulation issued under Part 106, or may

petition the Chief Counsel for

reconsideration of any procedural

regulation issued under Part 106 and

contained in Part 106 or 107.

(3) Application for Exemption: Any

person applying for an exemption must

include the citation of the specific

regulation from which the applicant

seeks relief; specification of the

proposed mode or modes of

transportation; detailed description of

the proposed exemption (e.g.,

alternative packaging, test procedure or

activity), including written descriptions,

drawings, flow charts, plans and other

supporting documents, etc.

(4) Application for Preemption

Determination: Any person directly

affected by any requirement of a State,

political subdivision, or Indian tribe

may apply for a determination whether

that requirement is preempted under 49

U.S.C. 5125, or regulations issued

thereunder. The application must

include the text of the State or political

subdivision or Indian tribe requirement

for which the determination is sought;

specify each requirement of the Federal

hazardous material transportation law

or the regulations issued thereunder

with which the applicant seeks the

State, political subdivision or Indian

tribe requirement to be compared;

explanation of why the applicant

believes the State or political

subdivision or Indian tribe requirement

should or should not be preempted

under the standards of § 107.202; and

how the applicant is affected by the

State or political subdivision or Indian

tribe requirements.

(5) Waivers of Preemption: With the

exception of requirements preempted

under 49 U.S.C. 5125(c), any person

may apply to the Associate

Administrator for a waiver of

preemption with respect to any

requirement that the State or political

subdivision thereof or an Indian tribe

acknowledges to be preempted under

the Federal hazardous material

transportation law or the regulations

issued thereunder, or that has been

determined by a court of competent

jurisdiction to be so preempted. The

Associate Administrator may waive

preemption with respect to such

requirement upon a determination that

such requirement affords an equal or

greater level of protection to the public

than is afforded by the requirement of

the Federal hazardous material

transportation law or the regulations

issued thereunder and does not

unreasonably burden commerce.

The information collected under these

application procedures is used in the

review process by RSPA in determining

the merits of the petitions for

rulemakings and for reconsideration of

rulemakings, as well as applications for

exemptions, preemption determinations

and waivers of preemption to the HMR.

The procedures governing these

petitions for rulemaking and for

reconsideration of rulemakings are

covered in Subpart A of Part 106.

Applications for exemptions,

preemption determinations and waivers

of preemption are covered Subparts B

and C of Part 107. Rulemaking

procedures enable RSPA to determine if

a rule change is necessary, is consistent

with public interest, and maintains a

level of safety equal to or superior to

37456 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Notices

1On June 6, 2000, UP filed a petition for

exemption in STB Finance Docket No. 33879 (SubNo. 1), Union Pacific Railroad Company—Trackage

Rights Exemption—The Burlington Northern and

Santa Fe Railway Company, wherein UP requests

that the Board permit the proposed overhead

trackage rights arrangement described in the present

proceeding to expire on June 25, 2000. That petition

will be addressed by the Board in a separate

decision.

that of current regulations. Exemption

procedures provide the information

required for analytical purposes to

determine if the requested relief

provides for a comparable level of safety

as provided by the HMR. Preemption

procedures provide information for

RSPA to determine whether a

requirement of a State, political

subdivision, or Indian tribe is

preempted under 49 U.S.C. 5125, or

regulations issued thereunder, or

whether a waiver of preemption should

be issued.

Affected Public: Shippers, carriers,

packaging manufacturers, and other

affected entities.

Estimated Number of Respondents:

3,304.

Estimated Number of Responses:

4,294.

Annual Estimated Burden Hours:

4,219.

Frequency of Collection: Periodically.

Title: Approvals for Hazardous

Materials.

OMB No.: 2137–0557.

Type of Request: Revision of a

currently approved collection.

Abstract: This information collection

consolidates and describes the

information collection provisions in

parts 107, 172,173, 174,176, and 178

regarding requirements for approvals for

hazardous materials in the HMR.

Responses to these information

collection requirements are required to

obtain benefits, such as to become an

approval or certification agency or to

obtain a variance from packaging or

handling requirements based on

information provided by the

respondent. The types of information

collected include: applications to

become designated approval agencies,

independent cylinder testing agencies,

and foreign manufacturers of cylinders;

applications for approval of

classifications of new explosives;

applications for safety determinations to

the adequacy of old packagings for

materials with special hazards;

applications to allow the regulated

public to use alternative packagings or

test methods; etc. The information

collected is used to:

(1) Determine whether applicants who

apply to become designated approval

agencies are qualified to evaluate

package design, test packages, classify

hazardous materials, etc.;

(2) Verify that various containers and

special loading requirements for vessels

meet the requirements of the HMR;

(3) Assure that regulated hazardous

materials pose no danger to life and

property during transportation; and

(4) Allow minor variations to

regulatory requirements (as specifically

authorized by regulation), based on

information provided by respondents,

without requiring the respondent to

apply using less timely and more

burdensome exemption procedures.

Affected Public: Businesses and other

entities who must meet the approval

requirements in the HMR.

Estimated Number of Respondents:

3,518.

Estimated Number of Responses:

3,869.

Annual Estimated Burden Hours:

18,381.

Frequency of Collection: On occasion.

ADDRESSES: Send comments regarding

the burden estimate, including

suggestions for reducing the burden, to

Office of Management and Budget,

Attention: Desk Officer for RSPA, 725

17th Street, NW., Washington, DC

20503.

Comments are invited on: whether the

proposed collection of information is

necessary for the proper performance of

the functions of the Department,

including whether the information will

have practical utility; the accuracy of

the Department’s estimate of the burden

of the proposed information collection;

ways to enhance the quality, utility and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information

on respondents, including the use of

automated collection techniques or

other forms of information technology.

A comment to OMB is most effective

if OMB receives it within 30 days of

publication.

Issued in Washington, DC on June 8, 2000.

Edward T. Mazzullo,

Director, Office of Hazardous Materials

Standards.

[FR Doc. 00–14908 Filed 6–13–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33879]

Union Pacific Railroad Company—

Trackage Rights Exemption—The

Burlington Northern and Santa Fe

Railway Company

The Burlington Northern and Santa Fe

Railway Company (BNSF) has agreed to

grant overhead trackage rights to Union

Pacific Railroad Company (UP) over

BNSF’s rail line between BNSF milepost

117.4 near Shawnee Junction, WY, and

BNSF milepost 0.0 near Northport, NE,

a distance of 143.1 miles.1

The transaction was scheduled to be

consummated on, or as soon as possible

after, June 10, 2000.

The purpose of the trackage rights is

to permit UP to use the BNSF trackage

when UP’s trackage is out of service for

scheduled maintenance.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.-Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33879, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Robert T.

Opal, 1416 Dodge Street, Room 830,

Omaha, NE 68179.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: June 8, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–15048 Filed 6–13–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–303 (Sub-No. 23X)]

Wisconsin Central Ltd.—Abandonment

Exemption—In Forest and Langlade

Counties, WI

On May 25, 2000, Wisconsin Central

Ltd. (WC) filed with the Surface

Transportation Board (Board) a petition

under 49 U.S.C. 10502 for exemption

from the provisions of 49 U.S.C. 10903–

05 to abandon a line of railroad known

as the Crandon-White Lake Line,