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 of 

certain 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 66187 

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). 

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

3See, 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). 

4See 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. 

5See Brae Corp. v. United States, 740 F.2d 1023 

(DC Cir. 1984). 

6See 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 will 

be 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 


srobinson on DSKHWCL6B1PROD with NOTICES