Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11995 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

Telephone: 1–800–647–5527. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number for this proposed collection of 

information. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Complete copies of this request for 

collection of information may be 

obtained at no charge from Dennis 

Flemons, NHTSA 1200 New Jersey 

Avenue, SE., Room W53–448 NVS–412, 

Washington, DC 20590. Mr. Flemons 

telephone number is (202) 366–5389. 

Please identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

The OMB has promulgated regulations 

describing what must be included in 

such a document. Under OMB’s 

regulation (at 5CFR 1320.8(d)), an 

agency must ask for public comment on 

the following: 

i. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

ii. The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

iii. How to enhance the quality, 

utility, and clarity of the information to 

be collected; 

iv. How to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collections of information: 

Title: Fatality Analysis Reporting 

System (FARS). 

OMB Control Number: 2127–0006. 

Form Number: HS214, HS 214A, 

HS214B, HS 214C. 

Affected Public: State, Local, or Tribal 

Government. 

Abstract: Under both the Highway 

Safety Act of 1966 and the National 

Traffic and Motor Vehicle Safety Act of 

1966, the National Highway Traffic 

Safety Administration (NHTSA) has the 

responsibility to collect accident data 

that support the establishment and 

enforcement of motor vehicle 

regulations and highway safety 

programs. These regulations and 

programs are developed to reduce the 

severity of injury and the property 

damage associated with motor vehicle 

accidents. The Fatal Accident Reporting 

System (FARS) is a major system that 

acquires national fatality information 

directly from existing State files and 

documents. Since FARS is an on-going 

data acquisition system, reviews are 

conducted yearly to determine whether 

the data acquired are responsive to the 

total user population needs. The total 

user population includes Federal and 

State agencies and the private sector. 

Changes in the forms usually involve 

clarification adjustments to aid the user 

population in conducting more precise 

analyses, to remove ambiguity for the 

respondents and to differentiate data by 

data collection year. These changes are 

annual and do not affect the reporting 

burden of the respondent (State 

employees utilize existing State 

highway safety related files). 

Other changes may involve removing 

outdated data elements introducing new 

data elements or redesigning data 

elements to capture higher quality data 

and to respond more to the needs of the 

user population. These changes are less 

frequent and affect burden very 

gradually. Advances in technology and 

systems design are incorporated to 

minimize the burden on the 

respondents. 

Estimated Annual Burden: 82,407 

hours. 

Number of Respondents: 53. 

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. 

Marilena Amoni, 

Associate Administrator, National Center for 

Statistics and Analysis. 

[FR Doc. E9–6040 Filed 3–19–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35227] 

Middletown and New Jersey Railroad, 

LLC—Acquisition and Operation 

Exemption—Middletown & New Jersey 

Railway Co., Inc. 

Middletown and New Jersey Railroad, 

LLC (Middletown), a noncarrier, has 

filed a verified notice of exemption 

under 49 CFR 1150.31 to acquire and 

operate 6.5 miles of rail line owned by 

Middletown & New Jersey Railway Co., 

Inc., between milepost 0.0 at 

Middletown, NY, and milepost 6.5 at 

Slate Hill, NY. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35228, Regional Rail, LLC.— 

Continuance in Control Exemption— 

Middletown and New Jersey Railroad, 

LLC., wherein Regional Rail, LLC seeks 

to continue in control of Middletown, 

upon Middletown becoming a Class III 

rail carrier. 

The transaction is expected to be 

consummated on or shortly after April 

5, 2009 (the effective date of the 

exemption). 

Middletown certifies that its projected 

annual revenues as a result of the 

transaction will not result in its 

becoming a Class II or Class I rail carrier 

and further certifies that its projected 

annual revenue will not exceed $5 

million. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161, § 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

11996 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

1Regional owns 100% of the issued and 

outstanding shares of Middletown. 

solid waste rail transfer facility: 

collecting, storing or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

If the verified notice 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 effectiveness of 

the exemption. Petitions for stay must 

be filed no later than March 27, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35227, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 12, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–5783 Filed 3–19–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35228] 

Regional Rail, LLC—Continuance in 

Control Exemption—Middletown and 

New Jersey Railroad, LLC 

Regional Rail, LLC (Regional), a 

noncarrier, has filed a verified notice of 

exemption to continue in control of 

Middletown and New Jersey Railroad, 

LLC (Middletown), upon Middletown’s 

becoming a Class III rail carrier.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35227, Middletown and New Jersey 

Railroad, LLC—Acquisition and 

Operation Exemption—Middletown & 

New Jersey Railway Co., Inc. In that 

proceeding, Middletown seeks an 

exemption under 49 CFR 1150.31 to 

acquire and operate 6.5 miles of rail line 

in New York owned by Middletown & 

New Jersey Railway Co., Inc. 

The parties intend to consummate the 

transaction on or shortly after April 5, 

2009, the effective date of the 

exemption. 

Regional is a Delaware limited 

liability company that currently controls 

East Penn Railroad, LLC, a Class III rail 

carrier that operates rail lines in 

Pennsylvania and Delaware. Regional 

states that the purpose of the proposed 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical, and 

personnel policies and practices of its 

rail carrier subsidiaries, thereby 

improving the overall efficiency of rail 

service provided by the two railroads. 

Regional represents that: (1) The rail 

line to be acquired by Middletown does 

not connect with any other railroad in 

its corporate family; (2) the transaction 

is not part of a series of anticipated 

transactions that would connect the rail 

line with any other railroad in its 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified notice 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 effectiveness of 

the exemption. Stay petitions must be 

filed no later than March 27, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35228, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Karl Morell, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 12, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–5781 Filed 3–19–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Art Advisory Panel—Notice of 

Availability of Report of 2008 Closed 

Meetings 

AGENCY: Internal Revenue Service, 

Treasury. 

ACTION: Notice. 

SUMMARY: Pursuant to 5 U.S.C. app. I 

section 10(d), of the Federal Advisory 

Committee Act, and 5 U.S.C. section 

552b, the Government in the Sunshine 

Act, a report summarizing the closed 

meeting activities of the Art Advisory 

Panel during 2008 has been prepared. A 

copy of this report has been filed with 

the Assistant Secretary of the Treasury 

for Management. 

DATES: Effective Date: This notice is 

effective March 20, 2009. 

ADDRESSES: The report is available for 

public inspection and requests for 

copies should be addressed to: Internal 

Revenue Service, Freedom of 

Information Reading Room, Room 1621, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, telephone 

number (202) 622–5164 (not a toll free 

number). The report is also available at 

http://www.irs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen Carolan, AP:ART, Internal 

Revenue Service/Appeals, 1099 14th 

Street, NW., Washington, DC 20005, 

telephone (202) 435–5609 (not a toll free 

telephone number). 

SUPPLEMENTARY INFORMATION: The 

Commissioner of Internal Revenue has 

determined that this document is not a 

major rule as defined in Executive Order 

12291 and that a regulatory impact 

analysis, therefore, is not required. 

Neither does this document constitute a 

rule subject to the Regulatory Flexibility 

Act (5 U.S.C. Chapter 6). 

Douglas H. Shulman, 

Commissioner of Internal Revenue. 

[FR Doc. E9–6062 Filed 3–19–09; 8:45 am] 

BILLING CODE 4830–01–P