Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 5261 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more, in the aggregate, 

to any of the following: State, local, or 

Native American tribal governments, or 

the private sector. 

G. Paperwork Reduction Act 

Under 49 U.S.C. 5108(i), the 

information management requirements 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) do not apply to this 

proposed rule. 

H. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document may be used 

to cross-reference this action with the 

Unified Agenda. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major federal actions and prepare a 

detailed statement on actions 

significantly affecting the quality of the 

human environment. There are no 

significant environmental impacts 

associated with this proposed rule. 

PHMSA is proposing in this rule 

changes to the requirements in the 

Hazardous Materials Regulations on the 

registration and fee assessment program 

for persons who transport or offer for 

transportation certain categories and 

quantities of hazardous materials. The 

proposed increase in registration fees 

will provide additional funding for the 

HMEP program to help mitigate the 

safety and environmental consequences 

of hazardous materials transportation 

accidents. 

J. 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 

comments (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 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov. 

List of Subjects in 49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, we 

propose to amend 49 CFR Part 107 as 

follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

1. The authority citation for part 107 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4 (28 U.S.C. 2461 

note); Pub. L. 104–121 sections 212–213; 

Pub. L. 104–134 section 31001; 49 CFR 1.45, 

1.53. 

2. Revise § 107.612 to read as follows: 

§ 107.612 Amount of fee. 

(a) For the registration year 2010– 

2011 and subsequent years, each person 

offering for transportation or 

transporting in commerce a material 

listed in § 107.601(a) must pay an 

annual registration fee, as follows: 

(1) Small business. Each person that 

qualifies as a small business, under 

criteria specified in 13 CFR part 121 

applicable to the North American 

Industry Classification System (NAICS) 

code that describes that person’s 

primary commercial activity, must pay 

an annual registration fee of $250 and 

the processing fee required by paragraph 

(a)(4) of this section. 

(2) Not-for-profit organization. Each 

not-for-profit organization must pay an 

annual registration fee of $250 and the 

processing fee required by paragraph 

(a)(4) of this section. A not-for-profit 

organization is an organization exempt 

from taxation under 26 U.S.C. 501(a). 

(3) Other than a small business or notfor-profit organization. Each person that 

does not meet the criteria specified in 

paragraph (a)(1) or (a)(2) of this section 

must pay an annual registration fee of 

$2,975 and the processing fee required 

by paragraph (a)(4) of this section. 

(4) Processing fee. The processing fee 

is $25 for each registration statement 

filed. A single statement may be filed for 

one, two, or three registration years as 

provided in § 107.616(c). 

(b) For registration years 2009–2010 

and prior years, each person offering for 

transportation or transporting in 

commerce a material listed in 

§ 107.601(a) must pay the annual 

registration fee, including the 

processing fee, in effect for the specific 

registration year. 

Issued in Washington, DC, on January 28, 

2010, under authority delegated in 49 CFR 

part 106. 

Magdy El-Sibaie, 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. 2010–2174 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1244 

[STB Ex Parte No. 385 (Sub-No. 7)] 

Waybill Data Reporting for Toxic 

Inhalation Hazards 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Board proposes to amend 

its rules with respect to Waybill Sample 

information railroads are required to 

submit to the Board. Currently, railroads 

that are required to file Waybill Sample 

information report a random sample of 

as little as 1% of carloads on a waybill. 

The proposed amendment, set forth 

below, would expand the carload 

Waybill Sample information submitted 

to include all traffic movements 

designated as a TIH (Toxic Inhalation 

Hazard). The revised reporting would 

commence with the January 2011 

Waybill Sample collection. 

DATES: Comments on this proposal are 

due by March 4, 2010. Replies are due 

by April 5, 2010. 

ADDRESSES: Comments 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 Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: STB Ex Parte No. 385 (SubNo. 7), 395 E Street, SW., Washington, 

DC 20423–0001. 

Copies of written comments received 

by the Board will be posted to the 

Board’s Web site at http:// 

www.stb.dot.gov and will be available 

for viewing and self-copying in the 

Board’s Public Docket Room, Suite 131, 

395 E Street, SW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Paul 

Aguiar, (202) 245–0323. [Assistance for 

the hearing impaired is available 

through Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: A carload 

waybill is a document describing the 


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5262 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 

1See US Magnesium, L.L.C. v. Union Pacific 

Railroad Company, STB Docket No. 42114, at 5–12 

(STB served Jan. 28, 2010); Simplified Standards for 

Rail Rate Cases, STB Docket No. 646 (Sub-No. 1), 

at 82–84 (STB served Sept. 5, 2007), aff’d sub nom. 

CSX Transp., Inc. v. STB, 568 F.3d 236 (D.C. Cir. 

2009), and vacated in part on reh’g, CSX Transp., 

Inc. v. STB, 584 F.3d 1076 (D.C. Cir. 2009). 

characteristics of an individual rail 

shipment, and includes the following 

information: the originating and 

terminating freight stations, the 

railroads participating in the movement, 

the points of all railroad interchanges, 

the number of cars, the car initial and 

number, the movement weight in 

hundredweight, the commodity, and the 

freight revenue. Under 49 CFR 1244.2, 

a railroad is required to file Waybill 

Sample information for all line-haul 

revenue waybills terminating on its 

lines if: (a) It terminated at least 4,500 

revenue carloads in any of the 3 

preceding years; or (b) it terminated at 

least 5% of the revenue carloads 

terminating in any state in any of the 3 

preceding years. The Board recognizes 

that some of the submitted information 

is commercially sensitive, and thus the 

Board’s regulations place limitations on 

releasing Waybill Sample data. See 49 

CFR 1244.9. 

The Waybill Sample is the Board’s 

primary source of information about 

freight rail shipments terminating in the 

United States. The expanded 

information gathered from this proposed 

rule would permit the Board to assess 

more accurately TIH traffic within the 

United States, and specifically would be 

beneficial in Three-Benchmark rail rate 

cases involving TIH traffic. In those 

cases, the parties would have more data 

to draw upon when forming their 

comparison groups; therefore, the 

parties could construct comparison 

groups that would be more comparable 

to the issue traffic.1 The additional 

information would also assist the Board 

in quantifying the magnitude of TIH 

traffic, and would help the Board more 

accurately measure the associated costs 

of handling such traffic. 

Pursuant to 5 U.S.C. 605(b), the Board 

certifies that the regulations proposed 

herein would not have a significant 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act of 1980, 5 

U.S.C. 601–612. Most railroads that are 

required to report Waybill Sample 

information are not small entities. As 

explained above, these reporting 

requirements would apply only to 

railroads that terminate a large number 

of carloads. See 49 CFR 1244.2. Because 

small entities (small railroads) typically 

do not terminate the number of carloads 

necessary to trigger the reporting 

requirement, any resulting impact 

would not affect a substantial number of 

that group. Moreover, any resulting 

impact on small entities that report TIH 

movements would not be significant. 

The Board’s regulations allow for either 

computerized or manual reporting. 49 

CFR 1244.4(a). In the most recent 

submission of Waybill Sample 

information—representing 2008—all 

railroads that reported TIH traffic did so 

using a computerized system, and it is 

likely that such computerized systems 

are easily adaptable to expanding the 

traffic to be reported under the proposed 

rule. A copy of this decision will be 

served upon the Chief Counsel for 

Advocacy, Office of Advocacy, U.S. 

Small Business Administration, 

Washington, DC 20416. 

Pursuant to the Paperwork Reduction 

Act (PRA), 44 U.S.C. 3501–3549, and 

Office of Management and Budget 

(OMB) regulations at 5 CFR 

1320.8(d)(3), the Board seeks comments 

regarding: (1) Whether this collection of 

information, as modified in the 

proposed rule and further described in 

the Appendix, is necessary for the 

proper performance of the functions of 

the Board, including whether the 

collection has practical utility; (2) the 

accuracy of the Board’s burden 

estimates; (3) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (4) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology, when 

appropriate. Information pertinent to 

these issues is included in the 

Appendix. This proposed rule has been 

submitted to OMB for review as 

required under 44 U.S.C. 3507(d) and 5 

CFR 1320.11. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: January 27, 2010. 

By the Board, Chairman Elliott, Vice 

Chairman Mulvey, and Commissioner 

Nottingham. 

Kulunie L. Cannon, 

Clearance Clerk. 

List of Subjects in 49 CFR Part 1244 

Freight, Railroads, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board proposes to amend part 1244 of 

title 49, chapter X, of the Code of 

Federal Regulations as follows: 

PART 1244—WAYBILL ANALYSIS OF 

TRANSPORTATION OF PROPERTY— 

RAILROADS 

1. The authority citation for Part 1244 

continues to read as follows: 

Authority: 49 U.S.C. 721, 10707, 11144, 

11145. 

2. In § 1244.4, add paragraphs (b)(5) 

and (c)(3) to read as follows: 

§ 1244.4 Sampling of waybills. 

* * * * * 

(b) * * * 

(5) Subject railroads shall submit all 

waybill information for movements of 

Toxic Inhalation Hazards (TIH). For 

purposes of this section, TIH shall be 

defined in accordance with 49 CFR 

171.8, 173.115, and 173.132 to include 

materials that, when inhaled, are known 

or presumed on the basis of testing to 

be so toxic to humans as to pose a 

hazard to health in the event of a release 

during transportation. These materials 

include, but are not limited to, 

hazardous materials listed at 49 CFR 

172.101 as either Division 2.3 materials, 

or Division 6.1 materials that can be 

characterized as an inhalant under 

§ 173.132. 

(c) * * * 

(3) Subject railroads shall submit all 

waybill information for movements of 

Toxic Inhalation Hazards (TIH). For 

purposes of this section, TIH shall be 

defined in accordance with 49 CFR 

171.8, 173.115, and 173.132 to include 

materials that, when inhaled, are known 

or presumed on the basis of testing to 

be so toxic to humans as to pose a 

hazard to health in the event of a release 

during transportation. These materials 

include, but are not limited to, 

hazardous materials listed at 49 CFR 

172.101 as either Division 2.3 materials, 

or Division 6.1 materials that can be 

characterized as an inhalant under 

§ 173.132. 

* * * * * 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix 

The additional information below is 

included to assist those who may wish to 

submit comments pertinent to review under 

the Paperwork Reduction Act: 

Description of Collection 

Title: Waybill Sample. 

OMB Control Number: 2140–0015. 

STB Form Number: None. 

Type of Review: Modification of approved 

collection. 

Respondents: Any railroad that did one of 

the following: (a) Terminated at least 4,500 

revenue carloads in any of the 3 preceding 

years; or (b) terminated at least 5% of the 


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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 5263 

revenue carloads terminating in any state in 

any of the 3 preceding years. 

Number of Respondents: 50. 

Estimated Time per Response: 75 minutes. 

Frequency: 7 respondents report monthly; 

43 report quarterly. 

Total Burden Hours (annually including all 

respondents): 320 hours. 

Total ‘‘Non-hour Burden’’ Cost: No ‘‘nonhour cost’’ burdens associated with this 

collection have been identified. 

Needs and Uses: The Surface 

Transportation Board is, by statute, 

responsible for the economic regulation of 

common carrier rail transportation in the 

United States and it is authorized to collect 

information about rail costs and revenues 

under 49 U.S.C. 11144 and 11145. Under 49 

CFR 1244, a railroad is required to file 

Waybill Sample information for all line-haul 

revenue waybills terminating on its lines if 

it did one of the following: (a) Terminated at 

least 4,500 revenue carloads in any of the 3 

preceding years; or (b) terminated at least 5% 

of the revenue carloads terminating in any 

state in any of the 3 preceding years. The 

information in the Waybill Sample is used by 

the Board, other Federal and state agencies, 

and industry stakeholders to monitor traffic 

flows and rate trends in the industry, and to 

develop evidence in Board proceedings. 

The expanded information gathered from 

this proposed rule would permit the Board to 

assess more accurately TIH traffic within the 

United States, and specifically would be 

beneficial in Three-Benchmark rail rate cases 

involving TIH traffic. In those cases, the 

parties would have more data to draw upon 

when forming their comparison groups; 

therefore, the parties could construct 

comparison groups that would be more 

comparable to the issue traffic. The 

additional information would also assist the 

Board in quantifying the magnitude of TIH 

traffic, and would help the Board more 

accurately measure the associated costs of 

handling such traffic. 

Retention Period: Information in this report 

will be maintained on the Board’s Web site 

for a minimum of 1 year and will be 

otherwise maintained permanently. 

[FR Doc. 2010–2150 Filed 2–1–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R4–ES–2008–0071; 92220–1113– 

0000–C6] 

RIN 1018—AW07 

Endangered and Threatened Wildlife 

and Plants; Proposed Reclassification 

of the Okaloosa Darter From 

Endangered to Threatened and 

Proposed Special Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

reclassify the Okaloosa darter 

(Etheostoma okaloosae) from 

endangered to threatened under the 

authority of the Endangered Species Act 

of 1973, as amended (Act). The 

endangered designation no longer 

correctly reflects the current status of 

this fish due to a substantial 

improvement in the species’ status. This 

proposed action is based on a thorough 

review of the best available scientific 

and commercial data, which indicates a 

substantial reduction in threats to the 

species, significant habitat restoration in 

most of the species’ range, and a stable 

or increasing trend of darters in all 

darter stream systems. We also propose 

a special rule under section 4(d) of the 

Act. This special rule would allow Eglin 

Air Force Base to continue activities, 

with a reduced regulatory burden, and 

would provide a net benefit to the 

Okaloosa darter. We are seeking 

information, data and comments from 

the public on this proposal. 

DATES: To ensure that we are able to 

consider your comments on this 

proposed rule, they must be received on 

or before April 5, 2010. We must receive 

requests for public hearings, in writing, 

at the address shown in the FOR FURTHER

INFORMATION CONTACT section by March 

19, 2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R4–ES–2008–0071. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R4– 

ES–2008–0071; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all comments on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments section below 

for more information). 

FOR FURTHER INFORMATION CONTACT: Don 

Imm, Deputy Field Supervisor, U.S. 

Fish and Wildlife Service, Panama City 

Field Office, 1601 Balboa Ave., Panama 

City, FL 32405; telephone (850) 769– 

0552. Individuals who are hearingimpaired or speech-impaired may call 

the Federal Information Relay Service at 

(800) 877–8339 for TTY assistance 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

Public Comment Procedures 

To ensure that any final action 

resulting from this proposed rule will be 

as accurate and as effective as possible, 

we request that you send relevant 

information for our consideration. The 

comments that will be most useful and 

likely to influence our decisions are 

those that are supported by data or peerreviewed studies and those that include 

citations to, and analyses of, applicable 

laws and regulations. Please make your 

comments as specific as possible and 

explain the basis for them. In addition, 

please include sufficient information 

with your comments to allow us to 

authenticate any scientific or 

commercial data you reference or 

provide. In particular, we seek 

comments concerning the following: 

(1) Biological, trade, or other relevant 

data concerning any threat (or lack 

thereof) to the Okaloosa darter, 

including whether or not climate change 

is a threat to the Okaloosa darter; 

(2) The location of any additional 

populations of the Okaloosa darter; 

(3) Additional information concerning 

the range, distribution, and population 

size and population trends of the 

Okaloosa darter; 

(4) Current or planned activities 

within the geographic range of the 

Okaloosa darter that may impact or 

benefit the species including the 

proposed toll bypass road; and 

(5) Activities relevant to Okaloosa 

darter and its habitat that are proposed 

for inclusion in the special rule under 

section 4(d) of the Act (16 U.S.C. 1531 

et seq.). 

Please note that submissions merely 

stating support for or opposition to the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, as section 

4(b)(1)(A) of the Act directs that a 

determination as to whether any species 

is a threatened or endangered species 

must be made ‘‘solely on the basis of the 

best scientific and commercial data 

available.’’ 

Prior to issuing a final rule on this 

proposed action, we will take into 

consideration all comments and any 

additional information we receive. Such 

information may lead to a final rule that 

differs from this proposal. All comments 

and recommendations, including names 

and addresses, will become part of the 

administrative record. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. If you submit a 

comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the Web site. Please note that 

comments posted to this Web site are 


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