### 66186 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices

OMB Control Number: 2137–0018. Summary: This information collection consolidates provisions for documenting qualifications, inspections, tests and approvals pertaining to the manufacture and use of portable tanks and intermediate bulk containers under various provisions of the HMR. It is necessary to ascertain whether portable tanks and intermediate bulk containers have been qualified, inspected, and retested in accordance
with the HMR. The information is used to verify that certain portable tanks and
intermediate bulk containers meet required performance standards prior to their being authorized for use, and to document periodic requalification and testing to ensure the packagings have not deteriorated due to age or physical abuse to a degree that would render them unsafe for the transportation of
hazardous materials.

Affected Public: Manufacturers and owners of portable tanks and
intermediate bulk containers.

Annual Reporting and Recordkeeping
Burden:

Number of Respondents: 8,770. Total Annual Responses: 86,100. Total Annual Burden Hours: 66,390. Frequency of collection: On occasion.

Title: Hazardous Materials Incident Reports.

OMB Control Number: 2137–0039. Summary: This collection is applicable upon occurrence of incidents as prescribed in §§ 171.15, 171.16 and
171.21 of the HMR. A Hazardous Materials Incident Report, DOT Form F 5800.1, must be completed by a person in physical possession of a hazardous
material at the time a hazardous
material incident occurs in transportation, such as a release of materials, serious accident, evacuation or closure of a main artery. Incidents meeting criteria in § 171.15 also require a telephonic report. This information collection enhances the Department’s ability to evaluate the effectiveness of its regulatory program, determine the need for regulatory changes, and address emerging hazardous materials transportation safety issues. The requirements apply to all interstate and intrastate carriers engaged in the transportation of hazardous materials by rail, air, water, and highway.

Affected Public: Shippers and carriers
of hazardous materials.

Annual Reporting and Recordkeeping
Burden:

Number of Respondents: 1,678. Total Annual Responses: 16,768. Total Annual Burden Hours: 23,037. Frequency of collection: On occasion.

Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service. OMB Control Number: 2137–0595. Summary: These information collection and recordkeeping requirements pertain to the manufacture, certification, inspection, repair, maintenance, and operation ofcertain DOT specification and nonspecification cargo tank motor vehicles used to transport liquefied compressed gases. These requirements are intended to ensure cargo tank motor vehicles used to transport liquefied compressed gases are operated safely, and to minimize the potential for catastrophic releases during unloading and loading operations. They include: (1) Requirements for operators of cargo tank motor vehicles in liquefied compressed gas service to develop operating procedures applicable to unloading operations and carry the operating procedures on each vehicle; (2) inspection, maintenance, marking, and testing requirements for the cargo tank discharge system, including delivery hose assemblies; and (3) requirements for emergency discharge control equipment on certain cargo tank motor vehicles transporting liquefied compressed gases that must be installed and certified by a Registered Inspector.

Affected Public: Carriers in liquefied compressed gas service, manufacturers and repairers.

Annual Reporting and Recordkeeping
Burden:

Number of Respondents: 6,958. Total Annual Responses: 920,538. Total Annual Burden Hours: 200,914. Frequency of collection: On occasion.

Issued in Washington, DC on October 21,

2010. Charles E. Betts, Acting Director, Office of Hazardous
Materials Standards.

[FR Doc. 2010–27151 Filed 10–26–10; 8:45 am]

**BILLING CODE 4910–60–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**Agency Information Collection Activities: Requests for Comments;**  **Clearance of Renewed Approval of Information Collection(s): Verification**  **of Authenticity of Foreign License, Rating and Medical Certification** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice and request for

comments.

**SUMMARY :**  In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period soliciting
comments on this collection of information was published on July 30, 2010, vol. 75, no. 146, page 45007. The information is used to identify airmen to allow the agency to verify their foreign license being used to qualify for a US certificate. Respondents are holders of foreign licenses wishing to obtain U.S.
certificates.

**DATES :**  Written comments should be submitted by November 26, 2010.

**FOR FURTHER INFORMATION CONTACT :** Carla Scott on (202) 267–9895, or by email at: Carla.Scott@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

OMB Control Number: 2120–0724. Title: Verification of Authenticity of Foreign License, Rating and Medical
Certification.

Form Numbers: FAA Form 8060–71. Type of Review: Renewal of an
information collection.

Background: The information collected is used to properly identify airmen to allow the agency to verify their foreign license being used to qualify for a U.S. certificate. The respondents are holders of foreign licenses wishing to obtain a U.S.
certificate. Per the General Aviation Operations Inspector’s Handbook, a person who is applying for a U.S. pilot certificate/rating on the basis of a foreign-pilot license must apply for
verification of that license at least 90 days before arriving at the designated FAA FSDO where the applicant intends to receive the U.S. pilot certificate.

Respondents: An estimated 5400 foreign license holders.

Frequency: The information is
collected on occasion.

Estimated Average Burden per Response: Approximately 10 minutes

per response.

Estimated Total Annual Burden: An estimated 900 hours annually.

**ADDRESSES :**  Interested persons are
invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/FAA, and
sent via electronic mail to

oira

_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC

20503.

Public Comments Invited: You are asked to comment on any aspect of this


### 66187 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices

1 49 U.S.C. 10505, Public Law 95–473, 92 Stat. 1361, has been omitted by Public Law 104–88, Title I, § 102(a).

2 H.R. Rep. No. 96–1430, at 105 (1980).

3 See, e.g., Rail Gen. Exemption Auth.— Nonferrous Recyclables, 3 S.T.B. 62 (1998); Rail Gen. Exemption Auth.—Petition of AAR to Exempt Rail Transp. of Selected Commodity Groups, 9 I.C.C. 2d 969 (1993); Exemption from Regulation— Rail Transp. Frozen Food, 367 I.C.C. 859 (1983); Liquid Iron Chloride, 367 I.C.C. 347 (1983); Rail Gen. Exemption Auth.—Miscellaneous Agric. Commodities, 367 I.C.C. 298 (1983).

4 See Central States Motor Freight Bureau v. ICC, 924 F.2d 1099 (DC Cir. 1991), for a summary of the agency’s several actions in connection with the progressive deregulation of TOFC/COFC services through the exemption process.

5 See Brae Corp. v. United States, 740 F.2d 1023 (DC Cir. 1984).

6 See Pejepscot Indus. Park—Pet. for Declaratory Order, 6 S.T.B. 886, 891, reconsideration granted in part, 7 S.T.B. 220 (2003). information collection, including (a) whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s
clearance of this information collection.

Issued in Washington, DC on October 20,

2010. Carla Scott, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200.

[FR Doc. 2010–27097 Filed 10–26–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Surface Transportation Board**

**[Docket No. EP 704]**

**Review of Commodity, Boxcar, and TOFC/COFC Exemptions** 

**AGENCY :**  Surface Transportation Board,

DOT.

**ACTION :**  Notice.

**SUMMARY :**  The Surface Transportation Board (Board) will hold a public hearing beginning at 9:30 a.m. on December 9, 2010, in the Hearing Room on the first floor of the Board’s headquarters in Washington, DC. The purpose of the public hearing will be to review certain categorical exemptions from regulation under 49 U.S.C. 10502, specifically the commodity exemptions under 49 CFR 1039.10 and 1039.11, the boxcar exemptions under 49 CFR 1039.14, and
trailer-on-flatcar/container-on-flatcar (TOFC/COFC) exemptions under 49 CFR part 1090. Persons wishing to speak at the hearing should notify the Board in writing.

**DATES :**  The public hearing will take place on December 9, 2010. Any person wishing to speak at the hearing should
file with the Board a combined notice of intent to participate (identifying the party, the proposed speaker, the time requested, and the topic(s) to be covered) and the person’s written testimony by November 30, 2010. Written submissions by interested persons who do not wish to appear at the hearing are also due by November

30, 2010.

**ADDRESSES :**  All filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with
the instructions at the ‘‘E–FILING’’ link
on the Board’s ‘‘http://www.stb.dot.gov ’’ Web site. Any person submitting a filing in the traditional paper format should send an original and 10 copies of the filing to: Surface Transportation Board, Attn: Docket No. EP 704, 395 E Street, SW., Washington, DC 20423–0001.

Copies of written submissions will be posted to the Board’s Web site and willbe available for viewing and selfcopying in the Board’s Public Docket Room, Suite 131. Copies of the submissions will also be available (for a fee) by contacting the Board’s Chief Records Officer at (202) 245–0235 or 395 E Street, SW., Washington, DC

20423–0001.

**FOR FURTHER INFORMATION CONTACT :**  Julia Farr at (202) 245–0359. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339.]

**SUPPLEMENTARY INFORMATION :**  The exemption provisions pertaining to railroads first adopted in the Railroad Revitalization and Regulatory Reform Act of 1976, Public Law 94–210, 90 Stat. 31 (1976) (4R Act), and later modified in the Staggers Act of 1980, Public Law 96–448, 94 Stat. 1895 (1980) (Staggers Act), fundamentally changed the economic regulation of the railroad industry by the Board’s predecessor, the Interstate Commerce Commission (the Commission). Prior to 1976, the Commission heavily regulated the industry. The Commission focused its regulation on ensuring equal treatment of shippers, which in some instances, led to railroad pricing decisions based
on factors other than market
considerations.

By the early 1970s, the railroads were
in financial decline. In an effort to revitalize the struggling railroad industry, Congress enacted the 4R Act and, 4 years later, the Staggers Act. In both statutes, Congress reduced the Commission’s oversight of railroads through various means, including the statutory exemption provisions of 49 U.S.C. 10505. Under § 10505, which was
enacted in the 4R Act and modified in the Staggers Act, Congress directed the Commission to exempt railroad activities when it found that regulation was not necessary to carry out the national rail transportation policy (RTP) of 49 U.S.C. 10101, and either: (1) The exemption was of limited scope; or (2) regulation was not necessary to protect shippers from abuse of market power. (These exemption provisions are now contained in 49 U.S.C. 10502. 1 ) In the Staggers Act, Congress directed the Commission to pursue exemptions aggressively, and to correct any problems arising as a result of the exemption through its revocation authority. 2

Consistent with that Congressional directive, the Commission exempted numerous commodities, services, and types of transactions from regulation. In
its first ‘‘commodity’’ exemption, in Rail General Exemption Authority—Fresh Fruits & Vegetables, 361 I.C.C. 211 (1979), the Commission exempted certain fresh fruits and vegetables from its regulations, based largely on its
conclusion that the rail market share of movements of these goods, which were subject to strong competitive forces, was minimal and declining. Since then, the agency has exempted numerous other individual commodities, listed in 49 CFR 1039.10 and 1039.11, after finding
that traffic for these individual commodities was sufficiently competitive and that railroads lacked sufficient market power such that abuse of shippers was not a substantial threat. 3 The Commission also exempted rail (and truck) operations provided in connection with intermodal (TOFC/ COFC) services, under 49 CFR part

1090, 4 and the rail transportation of all commodities in single-line boxcar service, under 49 CFR 1039.14. 5

These agency exemption decisions
were instrumental in the U.S. rail system’s transition from a heavily regulated, financially weak component of the economy into a mature, relatively healthy industry that operates with only minimal oversight. The transition, however, was not without challenges, sometimes because an exemption under § 10502 excuses carriers from virtually all aspects of regulation, 6 even though the Board’s continuing jurisdiction over exempted movements also extinguishes