54364 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices 

Modality of collection Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated total 

annual burden 

(hours) 

SSA–1696–U4 ................................................................................................. 800,000 1 10 133,333 

II. SSA submitted the information 

collections below to OMB for clearance. 

Your comments regarding the 

information collections would be most 

useful if OMB and SSA receive them 30 

days from the date of this publication. 

To be sure we consider your comments, 

we must receive them no later than 

October 3, 2013. Individuals can obtain 

copies of the OMB clearance packages 

by writing to OR.Reports.Clearance@

ssa.gov. 

1. Travel Expense Reimbursement— 

20 CFR 404.999(d) and 416.1499— 

0960–0434. The Act stipulates that 

Federal and State agencies reimburse 

travel expenses for claimants, their 

representatives, and all necessary 

witnesses for travel exceeding 75 miles 

to attend medical examinations, 

reconsideration interviews, and 

proceedings before an administrative 

law judge. Reimbursement procedures 

require the claimant to provide (1) a list 

of expenses incurred and (2) receipts of 

such expenses. Federal and State 

personnel review the listings and 

receipts to verify the amount 

reimbursable to the requestor. The 

respondents are claimants for title II 

benefits and title XVI payments, their 

representatives and witnesses. 

Type of Request: Extension of an 

OMB-approved information collection. 

Modality of completion Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

annual 

burden 

(hours) 

404.999(d) & 416.1499 .................................................................................... 60,000 1 10 10,000 

2. Request for Accommodation in 

Communication Method—0960–0777. 

SSA allows blind or visually impaired 

Social Security applicants, beneficiaries, 

recipients, and representative payees to 

choose one of seven alternative methods 

of communication they want SSA to use 

when we send them benefit notices and 

other related communications. The 

seven alternative methods we offer are: 

(1) Standard print notice by first-class 

mail; (2) standard print mail with a 

follow-up telephone call; (3) certified 

mail; (4) Braille; (5) Microsoft Word file 

on data CD; (6) large print (18-point 

font); or (7) audio CD. However, 

respondents who want to receive 

notices from SSA through a 

communication method other than the 

seven methods listed above must 

explain their request to us. Those 

respondents use Form SSA–9000 to: (1) 

Describe the type of accommodation 

they want, (2) disclose their condition 

necessitating the need for a different 

type of accommodation, and (3) explain 

why none of the seven methods 

described above are sufficient for their 

needs. SSA uses Form SSA–9000 to 

determine, based on applicable law and 

regulation, whether to grant the 

respondents’ requests for an 

accommodation based on their 

blindness, or other visual impairment. 

SSA collects this information 

electronically through either an inperson interview or a telephone 

interview during which the SSA 

employee keys in the information on 

Intranet screens. The respondents are 

blind or visually impaired Social 

Security applicants, beneficiaries, 

recipients, and representative payees 

who ask SSA to send notices and other 

communications in an alternative 

method besides the seven modalities we 

currently offer. 

Type of Request: Revision of an OMBapproved information collection. 

Modality of completion Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated total 

annual burden 

(hours) 

SSA–9000 ........................................................................................................ 1,417 1 20 472 

Dated: August 28, 2013. 

Faye Lipsky, 

Reports Clearance Director, Social Security 

Administration. 

[FR Doc. 2013–21315 Filed 8–30–13; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice 8448] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Jewels 

by JAR’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236–3 of August 28, 2000, and, as 

appropriate, Delegation of Authority No. 

257 of April 15, 2003, I hereby 

determine that the objects to be 

included in the exhibition ‘‘Jewels by 

JAR,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at the Metropolitan Museum of 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices 54365 

Art, from on or about November 20, 

2013, until on or about March 9, 2014, 

and at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: August 27, 2013. 

Lee Satterfield, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2013–21372 Filed 8–30–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 8447] 

Foreign Affairs Policy Board Meeting 

Notice: Closed Meeting; Notice of 

Rescheduling 

The meeting of the Foreign Affairs 

Policy Board, formerly scheduled for 

September 9, 2013, has been 

rescheduled to September 11, 2013. See 

78 FR 51266, for the prior notice for the 

meeting as well as the Department’s 

closed meeting determination. 

For more information, contact 

Samantha Raddatz at (202)-647–2972. 

Dated: August 27, 2013. 

Andrew McCracken, 

Designated Federal Officer. 

[FR Doc. 2013–21373 Filed 8–30–13; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Uniform Fine Assessment Version 4.0 

Software; Calculating Amounts of Civil 

Penalties for Violations of Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: FMCSA announces that the 

Agency has begun using the Uniform 

Fine Assessment (UFA) Version 4.0 

software to calculate the amounts of 

civil penalties for violations of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) and Hazardous 

Materials Regulations (HMRs). FMCSA 

is required to consider certain statutory 

factors when proposing civil penalties 

for violations of the FMCSRs and HMRs 

and since the mid-1990’s FMCSA has 

used its UFA software to consider those 

statutory factors. FMCSA has updated 

the UFA software to ensure that it 

adequately considers the statutory 

penalty factors for all statutes and 

regulations enforced by FMCSA; to 

implement the Agency’s policy for 

consideration of the Small Business 

Regulatory Enforcement Fairness Act; 

and, to ensure uniformity in proposed 

civil penalties. UFA 4.0 software also 

considers the factors set forth in 49 

U.S.C. 521(b)(2)(D) for violations of 

regulations where no statutory factors 

are otherwise specified by statute. To 

enhance transparency of the civil 

penalty calculation, UFA 4.0 generates a 

report detailing the calculations used to 

propose civil penalties. While UFA 4.0 

is used to calculate the majority of civil 

penalties proposed by FMCSA, the 

Agency may propose a civil penalty 

outside of UFA 4.0 when the proposed 

civil penalty calculated by UFA 4.0 

would not promote enhanced 

commercial motor vehicle safety or 

induce prompt and sustained 

compliance. In such cases, the Agency 

will nevertheless consider the 

applicable statutory factors to assess a 

penalty. This Federal Register Notice 

supersedes the Federal Register Notice 

issued by FMCSA entitled, ‘‘Civil 

Penalty Calculation Methodology. ’’ 76 

FR 71431, November 17, 2011. 

DATES: The UFA 4.0 software will be 

used to calculate penalties based on 

investigations that are initiated on or 

after August 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hines, Office of Chief Counsel, 

Federal Motor Carrier Safety 

Administration, 4749 Lincoln Mall 

Drive, Suite 300, Matteson, IL 60443, by 

telephone at (708) 283–3568 or via 

email at peter.hines@dot.gov. Office 

hours are from 9 a.m. to 5 p.m. CT, 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 521(b)(2)(D), 5123(c), 

14901(c), 31138 and 31139, FMCSA 

must consider specific prescribed 

factors in determining the amount of 

civil penalties assessed for violations of 

the statutes and regulations for which 

FMCSA has enforcement authority. The 

purpose of the UFA 4.0 software is to 

assist FMCSA in ensuring uniformity 

and fairness in the application of 

mandatory statutory factors in 

calculating proposed civil penalties for 

violations of the FMCSRs, HMRs, 

commercial regulations, rules 

concerning minimum levels of financial 

responsibility, registration regulations, 

and other statutes and regulations 

enforced by FMCSA. The software is 

designed to ensure that statutory, 

regulatory, and administrative policies 

are considered in determining each 

penalty assessment, to promote 

uniformity in assessments throughout 

FMCSA, and to create transparent and 

easily understood assessments. UFA 4.0 

is not intended to assess the same civil 

penalty for the same violations against 

every motor carrier, but to assess a 

penalty that is consistent between 

carriers of similar circumstances. 

FMCSA has used its UFA software to 

calculate penalties since the mid-1990’s. 

Under a long line of administrative 

decisions, starting with Alfred Chew & 

Martha Chew, dba Alfred & Martha 

Chew Trucking, FHWA–1996–5323 

(Final Order, Feb. 7 1996), FMCSA and 

its predecessor agency have held that 

UFA is presumed to properly consider 

the statutory penalty factors under 49 

U.S.C. 521(b)(2)(D), 49 U.S.C. 5123(c), 

and 49 U.S.C. 31138 and 31139. 

UFA 4.0 simplifies the algorithm 

previously used to calculate proposed 

penalties. The software also 

incorporates the increased penalties 

mandated by The Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21), Public Law 112–141 (July 6, 2012). 

UFA 4.0 takes into account the factors 

set forth in 49 U.S.C. 521(b)(2)(D) for 

violations of the FMCSRs, 49 U.S.C. 

5123(c) for violations of the HMRs, 49 

U.S.C. 14901(c) for violations 

concerning transportation of household 

goods, and 49 U.S.C. 31138 and 31139 

for violations of regulations related to 

financial responsibility. 

Congress has not delineated statutory 

penalty factors (other than minimum 

and/or maximum penalties) for 

violations of operating authority 

registration requirements, other 

commercial regulations (49 CFR Parts 

360–379) and Commercial Driver’s 

License regulations (Parts 382 and 383). 

FMCSA has determined that the use of 

the statutory factors in 49 U.S.C. 521(b) 

(the factors used to assess penalties for 

violations of FMCSRs) are appropriate 

for these violations as well as for any 

other statutory or regulatory violations 

where Congress has not identified any 

specific factors the Agency is required 

to consider in assessing civil penalties. 

Use of the statutory factors promotes 

uniformity and consistency in the 

Agency’s determination of the 

appropriate amount of civil penalties. 


emcdonald on DSK67QTVN1PROD with NOTICES