24898 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

Background 

The Motor Carrier Safety 

Improvement Act of 1999 (MCSIA) 

established the Federal Motor Carrier 

Safety Administration (‘‘FMCSA’’) as a 

new operating administration within the 

Department of Transportation, effective 

January 1, 2000 (Pub. L. 106–159, 113 

Stat. 1748, December 9, 1999). 

Continuing the practice first established 

by FMCSA’s predecessors, the Office of 

Motor Carriers and the Office of Motor 

Carrier Safety, both within the Federal 

Highway Administration, FMCSA issues 

guidance to its Field Service Centers 

and State Division Offices, in the form 

of the Field Operations Training Manual 

(FOTM). Volume III (Enforcement: 

General Functions of an Investigator) of 

the first FOTM, which was issued by the 

new operating administration in January 

2000, states: ‘‘This chapter has been 

prepared to assist the Investigator in the 

performance of investigative work. The 

intent is to present investigative 

procedures which can be used while 

conducting all types of investigations.’’ 

This guidance is now stored and 

distributed in electronic format in the 

eFOTM, which is periodically updated 

as new policies are adopted in response 

to legislation and new program 

initiatives. A redacted version of the 

eFOTM is available in the FMCSA 

Electronic Reading Room at: http:// 

www.fmcsa.dot.gov/foia/ 

electronicreadingroom.htm. FMCSA 

redacted certain information from the 

eFOTM available at this Web site in 

accordance with the Freedom of 

Information Act. 

The eFOTM is, and has been, best 

characterized as internal enforcement 

guidelines, a ‘‘best practices’’ guide for 

the Agency’s Safety Investigators and 

other enforcement staff. It is intended to 

provide guidance to assist with the 

sound exercise of discretion in 

conducting investigations, compliance 

reviews, roadside inspections and safety 

audits. The United States Court of 

Appeals for the District of Columbia 

Circuit recognized that the FOTM does 

not impose new substantive burdens, in 

the sense that it neither requires nor 

prohibits any particular actions on the 

part of motor carriers. Aulenback, Inc. v. 

Federal Highway Admin., 103 F.3d 156, 

169 (DC Cir. 1997). Instead, ‘‘the Manual 

simply provides guidance for [FMCSA 

staff] seeking to identify motor carrier 

operations that pose a potential danger 

to public safety.’’ Id. The District of 

Columbia Circuit has also held that 

since the FOTM is not a legislative rule, 

section 553 of the Administrative 

Procedure Act did not require notice 

and comment rulemaking to precede 

adoption of the manual. American 

Trucking Ass’ns, Inc. v. DOT, 166 F.3d 

374 (DC Cir. 1999). 

Current Policy 

The Agency continues to regard the 

FOTM and eFOTM as internal 

enforcement guidance; the guidance 

does not alter underlying substantive 

legal requirements and does not provide 

an independent basis for enforcement. 

The investigatory procedures set forth in 

the eFOTM, and whether and to what 

extent Agency employees follow them, 

are not relevant in determining whether 

Federal motor carrier statutes or 

regulations have been violated or the 

appropriate penalty to be assessed for 

such violations. If an employee fails to 

comply with investigative, inspection, 

audit or other guidelines, the Agency 

will address that departure from 

recommended procedures internally, on 

a case-by-case basis, and may consider 

disciplinary action, training or other 

appropriate measures. However, the 

Agency hereby provides public notice 

that it will not consider an FMCSA or 

State employee’s failure to follow the 

FOTM or eFOTM guidance as a defense 

to penalties or violations assessed 

against drivers or motor carriers. An 

FMCSA or State employee’s failure to 

follow the FOTM or eFOTM guidance 

will not excuse violations of the Federal 

Motor Carrier Safety Regulations, 

Federal Motor Carrier Commercial 

Regulations, or the Hazardous Materials 

Regulations by any person, including 

motor carriers and drivers, nor will it 

provide grounds for reducing civil 

penalties. See In the Matter of J. Line, 

Inc., dba J-Line Transp., Docket No. 

FMCSA–2008–1087 (Administrative 

Law Judge’s Order Denying CrossMotions for Final Order) (Jan. 13, 2009); 

Swift Transp. Co., Inc., Docket No. 

FMCSA–2004–17248–63 (Order 

Respecting Field Operations Training 

Manual) (Jan. 12, 2007). 

Issued on: May 19, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–12136 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

May 18, 2009 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before June 25, 2009 to 

be assured of consideration. 

Financial Crimes Enforcement Network 

(FinCEN) 

OMB Number: 1506–0005. 

Type of Review: Revision. 

Form: FinCEN 103. 

Title: Currency Transaction Report by 

Casinos. 

Description: Casinos and card clubs 

file Form 103 for currency transactions 

in excess of $10,000 a day pursuant to 

31 U.S.C. 5313(a) and 31 CFR 

103.22(a)(2). The form is used by 

criminal investigators, and taxation and 

regulatory enforcement authorities, 

during the course of investigations 

involving financial crimes. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

230,000 hours. 

OMB Number: 1506–0014. 

Type of Review: Extension . 

Form: FINCEN–105. 

Title: Report of International 

Transportation of Currency or Monetary 

Instruments. 

Description: FinCEN, and the 

Department of Homeland Security 

(DHS) and the DHS Bureaus, are 

required under 31 U.S.C. 5316(a) to 

collect information regarding mailing, 

shipment, or transportation of currency 

or monetary instruments of more than 

$10,000 in value into or out of the 

United States 

Respondents: Individuals or 

Households 

Estimated Total Reporting Burden: 

140,000 hours. 

OMB Number: 1506–0033. 

Type of Review: Extension. 

Title: Customer Identification 

Programs for Mutual Funds. 

Description: Mutual Funds are 

required to establish and maintain 

customer identification programs. A 

copy of the written program must be 

maintained for five years. See 31 CFR 

103.131. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

266,700 hours. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24899 

OMB Number: 1506–0026. 

Type of Review: Extension. 

Title: Customer identification 

programs for banks, savings 

associations, credit unions, and certain 

non-federally regulated banks. 

Description: Banks, savings 

associations, credit unions, and certain 

non-federally regulated banks are 

required to develop and maintain 

customer identification programs. See 

31 CFR 103.121. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

242,660 hours. 

OMB Number: 1506–0006. 

Type of Review: Revision. 

Form: 102. 

Title: Suspicious Activity Report by 

Casinos and Card Clubs. 

Description: Under 31 CFR 103.21, the 

Treasury is requiring casinos and card 

clubs with annual gaming revenue of 

more than $1,000,000 to report 

suspicious activities. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

33,600 hours. 

Clearance Officer: Russell Stephenson 

(202) 354–6012, Department of the 

Treasury, Financial Crimes Enforcement 

Network, P.O. Box 39, Vienna, VA 

22183. 

OMB Reviewer: Shagufta Ahmed, 

(202) 395–7873, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–12125 Filed 5–22–09; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

May 18, 2009. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before June 25, 2009 to 

be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1806. 

Type of Review: Revision. 

Form: 8883. 

Title: Asset Allocation Statement 

Under 338. 

Description: Form 8883 is used to 

report information regarding 

transactions involving the deemed sale 

of corporate assets under section 338. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 4,881 

hours. 

OMB Number: 1545–1536. 

Type of Review: Extension. 

Title: Guidance Regarding Charitable 

Remainder Trusts and Special Valuation 

Rules for Transfer of Interests in Trusts 

REG–209823–96 (Final). 

Description: The recordkeeping 

requirement in the regulation provides 

taxpayers with an alternative method for 

complying with Congressional intent 

regarding charitable remainder trusts. 

The recordkeeping alternative may be 

less burdensome for taxpayers. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 75 

hours. 

OMB Number: 1545–0132. 

Type of Review: Extension. 

Form: 1120–X. 

Title: Amended U.S. Corporation 

Income Tax Return. 

Description: Domestic corporations 

use Form 1120X to correct a previously 

filed Form 1120 or 1120A. The data is 

used to determine if the correct tax 

liability has been reported. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

300,582 hours. 

OMB Number: 1545–1965. 

Type of Review: Extension. 

Title: REG–133446–03 (Final) 

Guidance on Passive Foreign Company 

(PFIC) Purging Elections. 

Description: The IRS needs the 

information to substantiate the 

taxpayer’s computation of the taxpayer’s 

share of the PFIC’s post-1986 earning 

and profits. 

Respondents: Individuals or 

Households. 

Estimated Total Burden Hours: 250 

hours. 

Clearance Officer: R. Joseph Durbala 

(202) 622–3634, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

OMB Reviewer: Shagufta Ahmed, 

(202) 395–7873, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Celina Elphage, 

Treasury PRA Clearance Officer. 

[FR Doc. E9–12131 Filed 5–22–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

May 19, 2009. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before June 25, 2009 to 

be assured of consideration. 

Financial Crimes Enforcement Network 

(FinCEN) 

OMB Number: 1506–0022. 

Type of Review: Revision. 

Title: Customer Identification 

Programs for Futures Commission 

Merchants and Introducing Brokers. 

Description: Futures commission 

merchants and introducing brokers are 

required to develop and maintain a 

customer identification program. A copy 

of the program must be maintained for 

five years. See 31 CFR 103.123. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

307,065 hours. 

OMB Number: 1506–0034. 

Type of Review: Extension. 

Title: Customer Identification 

Programs for Broker-Dealers. 

Description: Broker-dealers are 

required to establish and maintain a 

customer identification program. A copy 

of the program must be maintained for 

five years. See 31 CFR 103.122. 

Respondents: Businesses or other forprofits. 

Estimated Total Reporting Burden: 

630,896 hours. 

Clearance Officer: Russell Stephenson 

(202) 354–6012, Department of the 

Treasury, Financial Crimes Enforcement