        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 000223051-0051-01; I.D. 020300A]
        Fisheries of the Northeastern United States; Deep-sea Red Crab Fishery

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Advance notice of proposed rulemaking; notice of a control date for the purposes of controlling entry in the deep-sea red crab fishery.

          SUMMARY:

          NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the deep-sea red crab (Chaceon
            quinquedens) resource if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) that limits the number of participants in the fishery. This announcement is intended, in part, to promote awareness of potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the New England Fishery Management Council (Council) and NMFS consider whether and how access to the red crab fishery should be controlled. The date of publication of this notice, March 1, 2000, shall be known as the “control date” and may be used for establishing eligibility criteria for determining levels of future access to the red cab fishery subject to Federal authority.

          DATES:
          Written comments must be received on or before 5:00 p.m., local time, March 31, 2000.

          ADDRESSES:
          Written comments should be sent to Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. Mark the outside of the envelope, “Comments on Deep-sea Red Crab Control Date.” Comments also may be sent via facsimile (fax) to (978) 281-9135. Comments will not be accepted if submitted via e-mail or the Internet.

          FOR FURTHER INFORMATION CONTACT:
          Regina L. Spallone, Fishery Policy Analyst, 978-281-9221, email: regina.l.spallone@noaa.gov

        SUPPLEMENTARY INFORMATION:
        The deep-sea red crab (red crab, Chaceon
          quinquedens) is a deep-water benthic species that supports a small commercial fishery on the Atlantic coast in southern New England and on the southern slope of Georges Bank. Although not regulated, the commercial fishery appears to be limited to approximately six vessels, with some seasonal participation by offshore lobster vessels likely.
        Information is limited for this resource, but annual landings in 1998 by directed vessels of 3.5 million lbs (1,600 mt) appear to be close to the lower range of the estimate of maximum sustainable yield (MSY) (4.0-5.5 million lb (1,800-2,500 mt)). This MSY estimate was developed by NMFS Northeast Fisheries Science Center based on studies conducted in the late 1970's. No formal assessment was ever conducted. Current capacity in this fishery is sufficient to harvest or exceed this MSY. Seasonal participation by the offshore lobster fleet may have already pushed landings of red crab over the lower estimate of MSY. Also, there is concern that vessels that are not traditional participants in the red crab fishery may enter the fishery soon due to the decline of other resources, thereby increasing the likelihood of excess harvest capacity.

        While there currently is no fishery management plan (FMP) for red crab, the Council has announced its intention to prepare one. As part of that FMP, the Council is considering development of a controlled access system in the red crab fishery to address the principle of matching harvest capacity to sustainable harvest level. The limitation of entry into the fishery may be based on levels of participation (e.g., permit categories based on harvest levels of a vessel) or other criteria such as domestic harvest capacity.
        The control date is intended to discourage speculative entry into the red crab fishery while controlled access schemes are developed by the Council. The control date will help to distinguish established participants from speculative entrants to the fishery. Although participants are notified that entering the fishery after the control date will not ensure them of future access to the red crab resource on the grounds of previous participation, additional and/or other qualifying criteria may also be applied. The Council may choose different and variably weighted methods to qualify participants based on the type and length of participation in the fishery.
        This notification establishes March 1, 2000, as the control date for potential use in determining historical or traditional participation in the deep-sea red crab fishery. Consideration of a control date does not commit the Council or NMFS to develop any particular management regime or criteria for participation in this fishery. The Council or NMFS may choose a different control date, or may choose a management program that does not make use of such a date.
        Fishermen are not guaranteed future participation in the fishery, regardless of their entry dates or intensity of participation in this fishery before or after the control date. The Council and NMFS may choose to give variably weighted consideration to fishermen active in the fishery before and after the control date. The Council and NMFS may also choose to take no further action to control entry or access to the fishery, in which case the control date may be rescinded. Any action by the Council or NMFS will be taken pursuant to the requirements for FMP development established under the Magnuson-Stevens Act.
        This notification also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the red crab fishery in Federal waters.

          Authority:
          16 U.S.C. 1801 et
            seq.

          Dated: February 23, 2000.
          Penelope D. Dalton,
          Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. 00-4910 Filed 2-29-00; 8:45 am]
      BILLING CODE 3510-22-F


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 031126296-3296-01; I.D. 111903B]
        RIN 0648-AQ84
        Fisheries of the Northeastern United States; Atlantic Herring Fishery

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed 2004 specifications for the Atlantic herring fishery; request for comments.

          SUMMARY:
          NOAA Fisheries proposes specifications for the 2004 Atlantic herring fishery. The regulations for the Atlantic herring fishery require NMFS to publish specifications for the upcoming year and to provide an opportunity for public comment. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.

          DATES:
          Comments must be received no later than 5 p.m., Eastern Standard Time, on January 12, 2004.

          ADDRESSES:
          Copies of supporting documents, including the Environmental Assessment, Regulatory Impact Review, Initial Regulatory Flexibility Analysis (EA/RIR/IRFA), Essential Fish Habitat Assessment, and the Stock Assessment and Fishery Evaluation (SAFE) Report for the 2001 Atlantic Herring Fishing Year are available from Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The EA/RIR/IRFA is accessible via the Internet at http://www.nero.nmfs.gov/ro/doc/nero.html.
          Written comments on the proposed specifications should be sent to Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930. Mark on the outside of the envelope: “Comments--2004 Herring Specifications.” Comments may also be sent via facsimile (fax) to (978) 281-9135. Comments will not be accepted if submitted via e-mail or the Internet.

          FOR FURTHER INFORMATION CONTACT:
          Eric Jay Dolin, Fishery Policy Analyst, (978) 281-9259, e-mail at eric.dolin@noaa.gov, fax at (978) 281-9135.

        SUPPLEMENTARY INFORMATION:
        Regulations implementing the Atlantic Herring Fishery Management Plan (FMP) require the New England Fishery Management Council's (Council) Atlantic Herring Plan Development Team (PDT) to meet at least annually, no later than July each year, with the Atlantic States Marine Fisheries Commission's (Commission) Atlantic Herring Plan Review Team (PRT) to develop and recommend the following specifications for consideration by the Council's Atlantic Herring Oversight Committee: Allowable biological catch (ABC), optimum yield (OY), domestic annual harvest (DAH), domestic annual processing (DAP), total foreign processing (JVPt), joint venture processing (JVP), internal waters processing (IWP), U.S. at-sea processing (USAP), border transfer (BT), total allowable level of foreign fishing (TALFF), and reserve (if any). The PDT and PRT also recommend the total allowable catch (TAC) for each management area and subarea identified in the FMP. As the basis for its recommendations, the PDT reviews available data pertaining to: Commercial and recreational catch; current estimates of fishing mortality; stock status; recent estimates of recruitment; virtual population analysis results and other estimates of stock size; sea sampling and trawl survey data or, if sea sampling data are unavailable, length frequency information from trawl surveys; impact of other fisheries on herring mortality; and any other relevant information. Recommended specifications are presented to the Council for adoption and recommendation to NMFS.
        Proposed 2004 Specifications
        Taking into account existing scientific data and the ongoing activity to develop Amendment 1 to the Atlantic Herring Fishery Management Plan, the Council recommended at its May 2003 meeting that the 2003 specifications should be maintained for 2004, consistent with the PDT's recommendation. Based on the Council's recommendations, NMFS proposes the specifications and Area TACs contained in the following table.

          Specifications and Area TACs for the 2004 Atlantic Herring Fishery

            Specification
            Proposed Allocation (mt)

            ABC
            300,000

            OY
            250,000

            DAH
            250,000

            DAP
            226,000

            JVPt
            20,000

            JVP
            10,000(Area 2 and 3 only)

            IWP
            10,000

            USAP
            20,000(Area 2 and 3 only)

            BT
            4,000

            TALFF
            0

            Reserve
            0

            TAC - Area 1A
            60,000(January 1 May 31, landings cannot exceed 6,000)

            TAC - Area 1B
            10,000

            TAC - Area 2
            50,000(TAC reserve: 70,000)

            TAC - Area 3
            60,000

        Maintaining the 2003 specifications for the 2004 fishing year is prudent and is unlikely to have significant biological consequences to the herring stock or its subcomponents in the short term. The Transboundary Resource Assessment Committee (TRAC) met in St. Andrew's, New Brunswick, from February 10-14, 2003. Both a U.S. and a Canadian assessment of the herring resource were presented and reviewed at the meeting. The two assessments diverged greatly and no consensus was reached regarding which assessment was more accurate or how the two could be reconciled. Because of this discrepancy, the TRAC information cannot be utilized at this time to support the development of different specifications for the 2004 fishing year. The expectation is that the analysis and evaluation of the TRAC results will continue and that the resulting information will inform the development of Amendment 1.
        Classification
        This proposed rule has been determined to be exempt from review under E.O. 12866.
        The Council and NMFS prepared an initial regulatory flexibility analysis (IRFA) as required under section 603 of the Regulatory Flexibility Act. The IRFA describes the economic impact that this proposed rule, if adopted, would have on small entities. A summary of the analysis follows:

        A description of the reasons why this action is being considered, and the objectives of this proposed rule can be found in the preamble to this proposed rule and are not repeated here. This action does not contain any collection-of-information, reporting, or recordkeeping requirements. It would not duplicate, overlap, or conflict with any other Federal rules.
        All of the affected businesses (fishing vessels) are considered small entities under the standards described in NOAA Fisheries guidelines because they have gross receipts that do not exceed $3.5 million annually. Based on 2002 data, there are an estimated 140 vessels prosecuting the fishery, 37 of which average more than 2000 lb of herring per trip. In assessing economic impacts for the 2004 specifications, landings from the 2002 fishery were used as a proxy for 2003 landings since 2002 was the last year in which a complete set of data was available. In addition, landings in the 2002 fishery are utilized as a baseline to determine impacts of the 2004 fishery. This presumes no significant change in production between the 2002 and 2003 fisheries. Since vessel level data are not readily available, changes in revenue are viewed as a proxy for changes in vessel profitability.
        The specification of 250,000 mt for OY and DAH was approved for the 2003 fishery and is recommended for the 2004 fishery. At this level, there could be an increase of up to 158,169 mt in herring landings or $22,618,167 in revenue based on a market price of $143/mt, thus, allowing individual vessels to increase their profitability under the 2004 specifications. For the 2003 specifications, the Council also considered OY alternatives of 300,000 and >1,000,000 mt. At these OY level there would be increased potential revenues to a greater extent than the proposed 2004 alternative of 250,000 mt. In addition, at these levels there could be risks to the health of the herring stock. An additional alternative for DAH of 230,000 mt would also increase potential profits for the herring fleet although not to the extent of the proposed DAH.
        Based on the proposed 2004 DAP specification of 226,000 mt, there could be an increase of up to 134,169 mt in herring landings or $19,186,167 in revenue based on $143/mt as compared to 2002 actual landings and revenue. Revenues to the fleet would also increase under the Council's proposed 2003 DAP alternatives of 236,000 mt and 176,000 mt. This would be true of any alternative greater than 91,831 mt, the total harvest for the 2002 fishery. However, the magnitude of economic impact of the DAP will rely on the processing sector's ability to expand markets and increase capacity to handle larger amounts of herring in 2004.
        Overall, if the full amount of the JVP (10,000 mt) is harvested, revenues to the participating U.S. vessels would be approximately $1.4 million, based on an average price of $143/mt. However, little of the 10,000 mt JVP allocation was utilized in 2002, and the JVP allocation in 2003 is not expected to be fully utilized. As of June 2003, no JVP activity for herring has occurred during the 2003 fishing year. There is no indication at this time that demand for the JVP allocation will increase in 2004. As a result, no substantial economic impacts are expected in 2004 from continuing the 2003 specification of 10,000 mt for JVP. The Council also considered a JVP alternative of 5,000 mt for the 2003 specifications. This specification could yield an increase in revenue to participating US vessels since the specification is greater than what was actually harvested in the 2002 fishery. However, potential benefits would be far less than those estimated for a 10,000 mt JVP.
        Approximately 6,132 mt of the 10,000 mt allocation of IWP was utilized in 2002. There is no indication at this time that demand for the IWP allocation will increase in 2004. As a result, no significant economic impacts are expected in 2004 from continuing the 2003 specifications for IWP.
        The rollover of 2003 specifications should allow vessels to continue to expand into Areas 2 and 3, resulting in economic gains for individual vessels. The Area 1A and 1B TACs of 60,000 and 10,000 mt, respectively, have remained unchanged since the 2000 fishery. In 2002, the Area 1A TAC for the directed herring fishery was fully utilized and is expected to be fully utilized for the 2004 fishery. Therefore, no change is expected in profitability of vessels from the 2004 Area 1A specification, all other things being equal. Since only 7,416 mt of herring were harvested in Area 1B in 2002, the proposed 2004 specification of 10,000 mt should allow for increased economic benefits to individual vessels prosecuting the 2004 specification. Since the allocation of 20,000 mt to USAP has never been utilized, continuing to keep it at 20,000 mt in 2004 (or to keep it as a separate category) will not result in economic impacts in the short-term. The long-term implication of keeping USAP as a separate specification that gets an allocation, even though the allocation has never been utilized, is that it discourages investment in a form of processing that may be better able to respond to changing market and stock conditions, and it may have encouraged investment in more permanent onshore processing capacity.
        The Council, in its 2003 EA/RIR/IRFA document, considered a Committee recommendation to reduce USAP by 5,000 mt, but rejected it based on comments that a vessel may enter the fishery in 2003 that could fully utilize the 20,000 mt specification. The reduction of the specification to 15,000 mt would reduce potential profits of USAP operations when compared to the status quo specification of 20,000 mt, although as yet, no part of USAP has been utilized.

          Dated: December 8, 2003.
          Rebecca Lent,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 03-30796 Filed 12-11-03; 8:45 am]
      BILLING CODE 3510-22-S


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 180
        [EPA-HQ-OPP-2019-0041; FRL-9991-91]
        Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Notice of filing of petitions and request for comment.

          SUMMARY:
          This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

          DATES:
          Comments must be received on or before June 12, 2019.

          ADDRESSES:
          Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
          • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
          • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

          Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

          FOR FURTHER INFORMATION CONTACT:

          Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090, email address: RDFRNotices@epa.gov. The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary.

        SUPPLEMENTARY INFORMATION:
        I. General Information
        A. Does this action apply to me?
        You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:
        • Crop production (NAICS code 111).
        • Animal production (NAICS code 112).
        • Food manufacturing (NAICS code 311).
        • Pesticide manufacturing (NAICS code 32532).

        If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest.
        B. What should I consider as I prepare my comments for EPA?
        1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
        2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

        3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.
        II. What action is the Agency taking?
        EPA is announcing its receipt of several pesticide petitions filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain the data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on these pesticide petitions.

        Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at http://www.regulations.gov.
        As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petition so that the public has an opportunity to comment on this request for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit.
        New Tolerance Exemptions for Inerts (Except PIPS)

          PP IN-11136. (EPA-HQ-OPP-2019-0048). Monsanto Company (1300 I Street NW, Suite 450 East, Washington, DC 20005) requests to establish an exemption from the requirement of a tolerance for residues of formic acid (CAS Reg. No. 64-18-6) and sodium formate (CAS Reg. No. 141-53-7) when used as an inert ingredient in pesticide formulations applied to growing crops pre- and post-harvest under 40 CFR 180.910 for use as adjuvants or pH buffering agents. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

          PP IN-11242. (EPA-HQ-OPP-2018-0736). Arkema Inc. c/o Lewis & Harrison, LLC, 2461 South Clark Street, Arlington, VA 22202, requests to establish an exemption from the requirement of a tolerance for residues of 2-propenoic acid, methyl ester, polymer with ethene and 2,5-furandione (CAS Reg. No. 88450-35-5), with a minimum number average molecular weight of 10,694 daltons, when used as an inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD

          PP IN-11244. (EPA-HQ-OPP-2019-0099). Solvay USA Inc., c/o SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests to establish an exemption from the requirement of a tolerance for residues of 2-propenoic acid, ethyl ester, polymer, with sodium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), oxidized (CAS Reg. No. 2230086-40-3) when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

          PP IN-11247. (EPA-HQ-OPP-2019-0098). LNouvel, Inc., 4657 Courtyard Trail, Plano, TX 75024, requests to establish an exemption from the requirement of a tolerance for residues of tetraethyl orthosilicate (CAS Reg. No. 78-10-4) when used as a pesticide inert ingredient in pesticide formulations at a maximum of 50,000 parts per million (ppm) under 40 CFR 180.910 and 180.930. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

          PP IN-11248. (EPA-HQ-OPP-2019-0138). LNouvel, Inc., 4657 Courtyard Trail, Plano, TX 75024-2114, requests to establish an exemption from the requirement of a tolerance for residues of poly(oxy-1,2-ethanediyl), alpha-(3-(1,3,3,3-tetramethyl-1-((trimethylsilyl)oxy)disiloxanyl)propyl)-omega-hydroxy- (CAS Reg. No. 67674-67-3), when used as an inert ingredient in pesticide formulations under 40 CFR 180.930. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD

          PP IN-11251. (EPA-HQ-OPP-2019-0096). Keller and Heckman LLP, 1001 G Street, NW, Suite 500 West, Washington, DC 20001 on behalf of Kuraray Co. Ltd., requests to establish an exemption from the requirement of a tolerance for residues of acetic acid ethenyl ester, polymer with ethene and ethenol with a minimum number average molecular weight (in amu), 20,000 (CAS Reg. No. 26221-27-2) when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

          PP IN-11254. (EPA-HQ-OPP-2019-0093). The Clariant Corporation, 4000 Monroe Road, Charlotte, NC, requests to amend an exemption from the requirement of a tolerance for residues of Alkyl Alcohol Alkoxylate (AAA) surfactants to include Oxirane, 2-methyl-, polymer with oxirane, mono undecyl ether branched and linear (CAS Reg. No. 2222805-23-2) when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.910, 180.930, 180.940 and 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

          Authority:
          21 U.S.C. 346a.

          Dated: April 16, 2019.
          Michael Goodis,
          Director, Registration Division, Office of Pesticide Programs.

      [FR Doc. 2019-09776 Filed 5-10-19; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF TRANSPORTATION
        Surface Transportation Board
        49 CFR Parts 1241, 1242, 1243, 1244, 1245, 1246, 1247, and 1248
        [Docket No. EP 701]
        Accelerating Reporting Requirements for Class I Railroads

          AGENCY:
          Surface Transportation Board.

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          The Surface Transportation Board (Board or STB) proposes to revise its regulations to accelerate the filing deadlines for eight reports submitted by Class I railroads: Schedule 250 (required under the Annual Report Form R-1); Quarterly Condensed Balance Sheet Forms (CBS); Quarterly Revenue, Expenses, and Income Reports (RE&I); Quarterly and Annual Wage Forms A&B; Quarterly Reports of Fuel Cost, Consumption, and Surcharge Revenue; Quarterly and Annual Freight Commodity Statistics Report Forms (QCS); Annual Report of Cars Loaded and Terminated (Form STB-54); and Monthly Report of Number of Employees (Form C).

          DATES:
          Comments on this proposed rulemaking are due on or before August 7, 2015; reply comments are due by September 8, 2015.

          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: Docket No. EP 701, 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. Copies of the comments will also be available (for a fee) by contacting the Board's Chief Records Officer at (202) 245-0238 or 395 E Street SW., Washington, DC 20423-0001.

          FOR FURTHER INFORMATION CONTACT:
          Pedro Ramirez, (202) 245-0333. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at (800) 877-8339.

        SUPPLEMENTARY INFORMATION:
        The Board has authority to collect financial and statistical data from Class I railroads as necessary for the economic oversight of the industry. 49 U.S.C. 721(b), 11145. To this end, the Board's regulations require Class I railroads to submit annual, quarterly, and monthly reports containing financial and operating statistics, including employment and traffic data. 49 U.S.C. 11145; 49 CFR parts 1241 through 1248. The data collected is used by the Board in various decisions as well as by other governmental agencies and interested parties in evaluating the railroad industry.

        The proposed changes to filing deadlines would further facilitate the Board's oversight of Class I railroads. Earlier reporting of financial information would also allow the Board and the public to more quickly identify and evaluate emerging trends, business conditions, and issues related to Class I railroads. The Board's decisions concerning revenue and expenses of the railroads would be based on more current information.
        Many of the current reporting deadlines have not been revised for over four decades. For example, the filing dates for Form RE&I and Form CBS have not been modified since March 16, 1972. Since then, reporting and information technology has improved, allowing data to be more easily compiled.

          Proposed Filing Deadlines. The proposed regulations would provide for more timely filing deadlines:
        (1) Schedule 250 would be required to be filed with the Annual Report Form R-1 by March 31 of the year following the report year (49 CFR 1241.11), instead of by April 30;
        (2) Quarterly Report Forms RE&I (49 CFR 1243.1), CBS (49 CFR 1243.2), and Report of Fuel Cost, Consumption, and Surcharge Revenue (49 CFR 1243.3) would be required to be filed within 15 days, instead of 30 days, after the end of each quarter;
        (3) Quarterly Wage Forms A & B would be required to be filed 15 days after the end of each quarter, instead of 30 days, and Annual Wage Forms A & B would be required to be filed 30 days after the end of each year, instead of 45 days (49 CFR 1245.2);1

            1 The form titles currently provided in 49 CFR 1245.2, “Form QRSC” and “Form ARSC” are outdated. The form titles will be updated if the Board adopts final rules in this proceeding.

        (4) Quarterly and Annual Form QCS would be required to be filed 30 days after the end of each period for which they are compiled, instead of 60 days (49 CFR 1248.5);
        (5) Form C would be required to be filed 10 days after the end of each month, instead of the current practice of 15 days (49 CFR 1246.1); 2
           and

            2 The current regulations at 49 CFR 1246.1 state that these reports are due “by the end of the month to which it applies.” In practice, the Board has accepted the report 15 days after the end of the month. The form title, “Form MRRE” is also outdated. The form title will be updated if the Board adopts final rules in this proceeding.

        (6) Form STB-54 would be filed 60 days, instead of 90 days, after the end of each year (49 CFR 1247.1).
        The proposed regulations would also amend the language in 49 CFR 1245.3(b) to clarify that the number of employees reported on Forms A & B should be consistent with the number reported on Form C, pursuant to part 1246. Similarly, the proposal would amend the language in 49 CFR 1246.1 to clarify the method by which carriers arrive at the monthly average number of employees. These changes codify the current settled practice of the reporting railroads. References to the “Interstate Commerce Act” would be replaced with “part A of subtitle IV of title 49, United States Code” 3
           between 49 CFR parts 1241 and 1248 to accurately describe the current controlling statute. We are also proposing to eliminate the requirement of railroads to file “duplicate” copies of reports. Because railroads currently submit their reports electronically, this eliminates the need for hard copies to be filed. We are proposing to remove this requirement, with the exception of the Annual Report Form R-1, which still requires hard copies to be filed.

            3 These are the rail provisions of the Interstate Commerce Act, as amended by the ICC Termination Act of 1995.

        Only negligible additional burdens to respondent railroads would be expected as a result of the expedited deadlines being proposed. Due to the availability of more robust financial and statistical reporting technology since the adoption of the current Class I railroad reporting requirements, the information requested should be readily available for timely filing under the proposed deadlines. In addition, it is standard practice for companies to compile and summarize accounting transactions and financial data on a monthly basis, if not more frequently. Therefore, we anticipate that more timely reporting of the required information could be accomplished with negligible additional burden on the railroads.

          Paperwork Reduction Act. 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 the revisions to the collections of information proposed here are 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 assessment; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burdens of the collections of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. The proposed revisions described in this notice are being submitted to OMB for review as required under the PRA, 44 U.S.C. 3507(d) and OMB regulations at 5 CFR 1320.11. Comments received by the Board regarding the information collection will also be forwarded to OMB for its review when the final rule is published.

          Regulatory Flexibility Act Certification. Pursuant to 5 U.S.C. 605(b), the Board certifies that this action will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. These proposed rules will provide revised reporting deadlines for financial and statistical data for Class I railroads (carriers having annual carrier operating revenues of $250 million or more as defined by 49 CFR part 1201, General Instruction 1-1(a)). Based on the Small Business Administration's regulations at 13 CFR 121.201, none of the current Class I railroads qualify as a small business (1,500 or fewer employees for line-haul railroads). Therefore, no small entities would be subject to these requirements. A copy of this decision is being provided to the Chief Counsel for Advocacy, Small Business Administration.
        This action will not significantly affect the quality of the human environment or the conservation of energy resources.

          It is ordered:

        1. Comments on this proposal are due by August 7, 2015; reply comments are due by September 8, 2015.
        2. A copy of this decision will be served upon the Chief Counsel for Advocacy, Office of Advocacy, U.S. Small Business Administration.
        3. Notice of this decision will be published in the Federal Register.
        4. This decision is effective on its service date.

          List of Subjects
          49 CFR Part 1241
          Railroads, Reporting and recordkeeping requirements.
          49 CFR Part 1242
          Railroad and taxes.
          49 CFR Part 1243
          Railroads, Reporting and recordkeeping requirements.
          49 CFR Part 1244
          Freight, Railroads, Reporting and recordkeeping requirements.
          49 CFR Part 1245

          Railroad employees, Reporting and recordkeeping requirements, Wages.

          49 CFR Part 1246
          Railroad employees, Reporting and recordkeeping requirements.
          49 CFR Part 1247
          Freight, Railroads, Reporting and recordkeeping requirements.
          49 CFR Part 1248
          Freight, Railroads, Reporting and recordkeeping requirements, Statistics.

          Decided: June 18, 2015.

          By the Board, Acting Chairman Miller and Vice Chairman Begeman.
          Jeffrey Herzig,
          Clearance Clerk.

        For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend parts 1241, 1242, 1243, 1244, 1245, 1246, 1247, and 1248 of title 49, chapter X, of the Code of Federal Regulations as follows:

          PART 1241—ANNUAL, SPECIAL, OR PERIODIC REPORTS—CARRIERS SUBJECT TO PART A OF SUBTITLE IV OF TITLE 49, UNITED STATES CODE

        1. The authority citation for part 1241 continues to read as follows:

          Authority:
          49 U.S.C. 11145.

        2. Revise § 1241.1 to read as follows:

          § 1241.1
          Common carriers.
          All common carriers subject to the provisions of part A of subtitle IV of title 49, United States Code, and the owners of all railroads engaged in interstate commerce as therein defined, are required to file in the office of the Board on or before the 31st day of March in each year, reports covering the preceding year that is being reported, giving the particulars called for in the annual reports required by the Board of said carriers and owners of railroads.

        3. Amend § 1241.11 by revising paragraph (a) to read as follows:

          § 1241.11
          Annual reports of Class I railroads.
          (a) All line-haul railroad companies of Class I, as defined in part 1201 of this chapter, subject to part A of subtitle IV of title 49, United States Code, are required to file annual reports in accordance with Railroad Annual Report Form R-1. Such annual report shall be filed in duplicate in the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, on or before March 31 of the year following the year which is being reported.

          PART 1242—SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT SERVICE AND PASSENGER SERVICE FOR RAILROADS

        4. The authority citation for part 1242 continues to read as follows:

          Authority:
          49 U.S.C. 721, 11142.

        5. Amend § 1242.00 by revising paragraph (a) to read as follows:

          § 1242.00
          Separation of common operating expenses.
          (a) All Class I railroad companies including Class I switching and terminal companies subject to part A of subtitle IV of title 49, United States Code, shall separate operating expenses common to both freight service and passenger service in accordance with the regulation in this part.

          PART 1243—QUARTERLY OPERATING REPORTS—RAILROADS

        6. The authority citation for part 1243 continues to read as follows:

          Authority:
          49 U.S.C. 721, 11145.

        7. Revise § 1243.1 to read as follows:

          § 1243.1
          Revenues, expenses and income.
          All Class I railroads, except switching and terminal companies, subject to the provisions of part A of subtitle IV of title 49, United States Code, are required to compile and file quarterly reports of revenues, expenses and income in accordance with Form RE&I, and instructions thereon. Such quarterly reports shall be electronically submitted or filed in the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, within 15 days after the end of each quarter to which they relate.

        8. Revise § 1243.2 to read as follows:

          § 1243.2
          Condensed balance sheet.
          All Class I railroads, except switching and terminal companies, subject to the provisions of part A of subtitle IV of title 49, United States Code, are required to compile and file quarterly reports of balance sheet items in accordance with Form CBS, and instructions thereon. Such quarterly reports shall be electronically submitted or filed with the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, within 15 days after the end of each quarter to which they relate.

        9. Revise § 1243.3 to read as follows:

          § 1243.3
          Report of fuel cost, consumption, and surcharge revenue.
          All Class I railroads are required to file quarterly a Report of Fuel Cost, Consumption, and Surcharge Revenue, in accordance with the Board's reporting form. Such reports shall be electronically submitted or filed with the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, within 15 days after the end of each quarter reported.

          PART 1244—WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY—RAILROADS

        10. The authority citation for part 1244 continues to read as follows:

          Authority:
          49 U.S.C. 721, 10707, 11144, 11145.

        11. Revise § 1244.1(a) to read as follows:

          § 1244.1
          Definitions.
          (a) Railroad-an individual railroad or terminal company subject to part A of subtitle IV of title 49, United States Code, and every receiver, trustee, executor, administrator or assignee of any such railroad. If a railroad and its railroad subsidiaries report to the Board on a consolidated basis, they would collectively be considered as a railroad.

          PART 1245—CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE AND COMPENSATION

        12. The authority citation for part 1245 continues to read as follows:

          Authority:
          49 U.S.C. 721, 11145.

        13. Revise § 1245.2 to read as follows:

          § 1245.2
          Reports of railroad employees, service and compensation.
          All Class I railroads are required to file a Quarterly Report of Railroad Employees, Service, and Compensation, (Quarterly Forms A & B). In addition, such carriers shall also file an Annual Report of Railroad Employees, Service, and Compensation, (Annual Forms A & B) for each calendar year. Both reports shall be electronically submitted or filed with the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001. The quarterly report shall be filed within 15 days after the end of each calendar quarter. The annual report shall be filed within 30 days after the end of each reporting year.

        14. Revise § 1245.3(b) to read as follows:

          § 1245.3
          Employees; definition, service hours, and compensation.

          (b) Counting employees. Because the number of employees fluctuates, carriers are required to classify and count all of their employees on a monthly basis, consistent with the data reported in accordance with § 1246.1 of this chapter.

          PART 1246—NUMBER OF RAILROAD EMPLOYEES

        15. The authority citation for part 1246 continues to read as follows:

          Authority:
          49 U.S.C. 721, 11145.

        16. Revise § 1246.1 to read as follows:

          § 1246.1
          Monthly report of number of railroad employees.
          Each Class I railroad shall file a Monthly Report of Number of Railroad Employees (Form C) each month. The number reported should represent the average of the actual count at the beginning of the reported month and the actual count at the end of the month. The report should be electronically submitted or mailed to Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, 10 days after the end of each month to which it applies.

          PART 1247—REPORT OF CARS LOADED AND CARS TERMINATED

        17. The authority citation for part 1247 continues to read as follows:

          Authority:
          49 U.S.C. 721, 10707, 11144, 11145.

        18. Revise § 1247.1 to read as follows:

          § 1247.1
          Annual Report of Cars Loaded and Cars Terminated.

          Each Class I railroad shall file Form STB-54, Annual Report of Cars Loaded and Cars Terminated, together with the accompanying certification, with the Office of Economics (OE), Surface Transportation Board, Washington, DC 20243-0001, within 60 days after the end of each reporting year. Blank forms and instructions are available on the Board's Web site (http://www.stb.dot.gov) or can be obtained by contacting OE.

          PART 1248—FREIGHT COMMODITY STATISTICS

        19. The authority citation for part 1248 continues to read as follows:

          Authority:
          49 U.S.C. 721, 11144, and 11145.

        20. Revise § 1248.1 to read as follows:

          § 1248.1
          Freight commodity statistics.
          All Class I railroads, as described in part 1201 of this chapter, subject to part A of subtitle IV of title 49, United States Code, shall compile and report freight commodity statistics on the basis of the commodity codes named in § 1248.101. Carriers shall report quarterly and annually on the basis of the 3, 4 and 5-digit commodity codes named in that section. Such reports shall be made in conformity with the outline of terms set forth in §§ 1248.2 through 1248.5, as supplemented by instructions included in the appropriate report form to be supplied to the reporting railroads.

        21. Revise § 1248.5 to read as follows:

          § 1248.5
          Report forms and date of filing.
          (a) Reports required from Class I carriers by this section shall be electronically submitted or filed with the Office of Economics, Surface Transportation Board, Washington, DC 20423-0001, on forms which will be furnished to the carriers. Data required under § 1248.2 shall be filed on Form QCS on or before the 30th day succeeding the close of each period for which they are compiled.
          (b) [Reserved]

            Note to § 1248.5:
            The outline of Report Form QCS follows the tenor of the order.

            Note:
            The following appendix will not appear in the Code of Federal Regulations.

          Appendix—Collection Number 1

              Title: Class I Railroad Annual Report.

              OMB Control Number: 2140-0009.

              Form Number: R1.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 7.

              Estimated Time Per Response: The railroads currently spend no more than 800 hours preparing the Annual Report Form R-1, including time spent reviewing instructions; searching existing data sources; gathering and maintaining the data needed; completing and reviewing the collection of information; and converting the data from the carrier's individual accounting system to the Board's Uniform System of Accounts (USOA), which ensures that the information will be presented in a consistent format across all reporting railroads, see 49 U.S.C. 11141-43, 11161-64, 49 CFR parts 1200 and 1201. The proposed modification would be limited to a change in the due date for the Report's Schedule 250 and would not increase the hourly burden.

              Frequency of Response: Annual.

              Total Annual Hour Burden: No more than 5,600 hours.

              Total Annual “Non-Hour Burden” Cost: Respondents are currently required to submit a signed hard copy of this report. We estimate a total annual cost for all respondents of $28. The proposed modification will not increase the cost burden.

              Needs and Uses: Annual reports are required to be filed by Class I railroads under 49 U.S.C. 11145. The reports show operating expenses and operating statistics of the carriers. Operating expenses include costs for right-of-way and structures, equipment, train and yard operations, and general and administrative expenses. Operating statistics include such items as car-miles, revenue-ton-miles, and gross ton-miles. The reports are used by the Board, other Federal agencies, and industry groups to monitor and assess railroad industry growth, financial stability, traffic, and operations, and to identify industry changes that may affect national transportation policy. The annual reports also contain multiple schedules. One of these schedules is the Schedule 250 (required under the Annual Report Form R-1). The Schedule 250 data is used to compute the rate of return on net investment (ROI) for the Class I Railroads, which is used in annual determination of railroad revenue adequacy. See 49 U.S.C. 10704(a)(3); Standards for Railroad Revenue Adequacy, 364 I.C.C. 803 (1981); Standards for Railroad Revenue Adequacy, 3 I.C.C. 2d 261 (1986); and Supplemental Reporting of Consolidated Information for Revenue Adequacy, 5 I.C.C. 2d 65 (1988). The only modification being made to the annual report is the modification of the due date for Schedule 250. Receiving this data at the earlier date would enable the Board to expedite the Board's revenue-adequacy determinations. This change in due date was made possible by the improvements in technology. No other changes to this collection are being made.

            Information from certain schedules contained in these reports is compiled and published on the Board's Web site, http://www.stb.dot.gov/stb/industry/econ_reports.html. Information in these reports is not available from any other source.
            Collection Number 2

              Title: Quarterly Report of Revenues, Expenses, and Income—Railroads (Form RE&I).

              OMB Control Number: 2140-0013.

              Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 7.

              Estimated Time per Response: 6 hours.

              Frequency of Response: Quarterly.

              Total Annual Hour Burden: 168 hours.

              Total Annual “Non Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection is a report of railroad operating revenues, operating expenses and income items; it is a profit and loss statement, disclosing net railway operating income on a quarterly and year-to-date basis for the current and prior years. See 49 CFR 1243.1. The Board uses the information in this report to ensure competitive, efficient, and safe transportation through general oversight programs that monitor and forecast the financial and operating condition of railroads, and through regulation of railroad rate and service issues and rail restructuring proposals, including railroad mergers, consolidations, acquisitions of control, and abandonments. Information from these reports is used by the Board, other Federal agencies, and industry groups to monitor and assess industry growth and operations, detect changes in carrier financial stability, and identify trends that may affect the national transportation system. Some of the information from these reports is compiled by the Board in our quarterly Selected Earnings Data Report, which is published on the Board's Web site, http://www.stb.dot.gov. The information contained in these reports is not available from any other source.
            Collection Number 3

              Title: Quarterly Condensed Balance Sheet—Railroads (Form CBS).

              OMB Control Number: 2140-0012.

              Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 7.

              Estimated Time per Response: 6 hours.

              Frequency of Response: Quarterly.

              Total Annual Hour Burden: 168 hours.

              Total Annual “Non-Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection shows the balance (quarterly and cumulative) for the current and prior year of the carrier's assets and liabilities, gross capital expenditures, and revenue tons carried. See 49 CFR 1243.2. The Board uses the information in this report to ensure competitive, efficient, and safe transportation through general oversight programs that monitor and forecast the financial and operating condition of railroads, and through specific regulation of railroad rate and service issues and rail restructuring proposals, including railroad mergers, consolidations, acquisitions of control, and abandonments. Information from these reports is used by the Board, other Federal agencies, and industry groups to assess industry growth and operations, detect changes in carrier financial stability, and identify trends that may affect the national transportation system. Revenue ton-miles, which are reported in these reports, are compiled and published by the Board in its quarterly Selected Earnings Data Report, which is published on the Board's Web site, http://www.stb.dot.gov. The information contained in these reports is not available from any other source.
            Collection Number 4

              Title: Report of Railroad Employees, Service and Compensation (Wage Forms A and B).

              OMB Control Number: 2140-0004.

              Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 8.

              Estimated Time per Response: No more than 30 hours per quarterly report and 40 hours per annual summation.

              Frequency of Response: Quarterly, with an annual summation.

              Total Annual Hour Burden: No more than 1280 hours.

              Total Annual “Non-Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection shows the number of employees, service hours, and compensation, by employee group (e.g., executive, professional, maintenance-of-way and maintenance of equipment, and transportation), of the reporting railroads. See 49 CFR part 1245. The information is used by the Board to forecast labor costs and measure the efficiency of the reporting railroads. The information is also used by the Board to evaluate proposed regulated transactions that may impact rail employees, including mergers and consolidations, acquisitions of control, purchases, and abandonments. Other Federal agencies and industry groups, including the Railroad Retirement Board, Bureau of Labor Statistics, and Association of American Railroads, use the information contained in the reports to monitor railroad operations. Certain information from these reports is compiled and published on the Board's Web site, http://www.stb.dot.gov. The information contained in these reports is not available from any other source.
            Collection Number 5

              Title: Monthly Report of Number of Employees of Class I Railroads (Form C).

              OMB Control Number: 2140-0007.

              Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 8.

              Estimated Time per Response: 1.25 hours.

              Frequency of Response: Monthly.

              Total Annual Hour Burden: 120 hours.

              Total Annual “Non-Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection shows, for each reporting carrier, the average number of employees at mid-month in the six job-classification groups that encompass all railroad employees. See 49 CFR part 1246. The information is used by the Board to forecast labor costs and measure the efficiency of the reporting railroads. The information is also used by the Board to evaluate the impact on rail employees of proposed regulated transactions, including mergers and consolidations, acquisitions of control, purchases, and abandonments. Other Federal agencies and industry groups, including the Railroad Retirement Board, Bureau of Labor Statistics, and Association of American Railroads, use the information contained in these reports to monitor railroad operations. Certain information from these reports is compiled and published on the Board's Web site, http://www.stb.dot.gov. The information contained in these reports is not available from any other source.
            Collection Number 6

              Title: Annual Report of Cars Loaded and Cars Terminated.

              OMB Control Number: 2140-0011.

              Form Number: Form STB-54.

              Type of Review: Revision of a currently approved collection.

              Number of Respondents: 7.

              Estimated Time per Response: 4 hours.

              Frequency of Response: Annual.

              Total Annual Hour Burden: 28 hours.

              Total Annual “Non Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection reports the number of cars loaded and cars terminated on the reporting carrier's line. See 49 CFR part 1247. Information in this report is entered into the Board's URCS, the uses of which are explained under Collection Number 1. There is no other source for the information contained in this report.
            Collection Number 7

              Title: Quarterly Report of Freight Commodity Statistics (Form QCS).

              OMB Control Number: 2140-0001.

              Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 7.

              Estimated Time per Response: 217 hours.

              Frequency of Response: Quarterly, with an annual summation.

              Total Annual Hour Burden: 7,595 hours annually.

              Total Annual “Non-Hour Burden” Cost: No “non-hour cost” burdens associated with this collection have been identified.

              Needs and Uses: This collection, which is based on information contained in carload waybills used by railroads in the ordinary course of business, reports car loadings and total revenues by commodity code for each commodity that moved on the railroad during the reporting period. See 49 CFR part 1248. Information in this report is entered into the Board's URCS, the uses of which are explained under Collection Number 1. There is no other source for the information contained in this report.
            Collection Number 8

              Title: Report of Fuel Cost, Consumption, and Surcharge Revenue.

              OMB Control Number: 2140-0014.

              STB Form Number: None.

              Type of Review: Revision of a currently approved collection.

              Respondents: Class I railroads.

              Number of Respondents: 7.

              Estimated Time per Response: 1 hour.

              Frequency: Quarterly.

              Total Burden Hours (annually including all respondents): 28 hours.

              Total “Non-hour Burden” Cost: None identified.

              Needs and Uses: Under 49 U.S.C. 10702, the Surface Transportation Board has the authority to address the reasonableness of a rail carrier's practices. The proposed information collection is intended to permit the Board to monitor the current fuel surcharge practices of the Class I carriers. Failure to collect this information would impede the Board's ability to monitor the current fuel surcharge practices of Class I carriers. The Board has authority to collect information about rail costs and revenues under 49 U.S.C. 11144 and 11145.

      [FR Doc. 2015-15407 Filed 7-7-15; 8:45 am]
      BILLING CODE 4915-01-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [MM 95-31; DA 02-804]
        Reexamination of the Comparative Standards for Noncommercial Educational Applicants; Association of America's Public Television Stations' Motion for Stay of Low Power Television Auction (No. 81)

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule; extension of comment period.

          SUMMARY:
          In this document, the Media Bureau of the Commission extends the deadline for filing comments and reply comments. The Bureau takes this action upon the motion of several interested parties. A brief extension of time will provide the public additional time to consider the difficult legal and policy issues at stake in the proceeding, and will not compromise the timely resolution of those issues.

          DATES:
          Comments are due on or before May 15, 2002; reply comments are due on or before June 17, 2002.

          FOR FURTHER INFORMATION CONTACT:

          Eric Bash, Policy Division, Media Bureau, (202) 418-2130 or ebash@fcc.gov.

        SUPPLEMENTARY INFORMATION:
        This is a summary of the Media Bureau's Order in MM 95-31; DA 02-804, adopted April 9, 2002 and released April 9, 2002. The complete text of this Order is available for inspection and copying during normal business hours in the FCC Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC and may also be purchased from the Commission's copy contractor, Qualex International, Portals II, 445 12th Street SW., Room CY-B-402, Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail
          qualexint@aol.com. Comments filed through the ECFS can be sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, “get form <your e-mail address> .” A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
        Synopsis of Order

        1. Before the Media Bureau is the Motion for Extension of Time (“Motion”), filed by the Station Resources Group, National Public Radio, Association of America's Public Television Stations, the National Federation of Community Broadcasters, on behalf of themselves and their members, and the Corporation for Public Broadcasting (collectively, “Petitioners”). By this Order, the Media Bureau grants the Motion.

        2. This docket has involved a series of notices and orders on the licensing of spectrum to noncommercial educational (“NCE”) broadcast stations. Most recently, the Commission issued the Second Further Notice of Proposed Rulemaking (“2FNPRM”), 67 FR 9945 (March 5, 2002), in this proceeding to seek comment on how to allocate and license spectrum that the Commission has not reserved specifically for NCE stations. In taking this action, the Commission responded to the decision of the U.S. Court of Appeals for the D.C. Circuit in National Public Radio v. FCC, which vacated the Commission's prior decision to resolve mutually exclusive applications for such “non-reserved” spectrum via competitive bidding, even when NCE stations had filed one or more of the applications. The 2FNPRM established April 15, 2002 as the deadline for interested parties to file comments on new mechanisms to allocate and license non-reserved spectrum, and May 15, 2002 as the deadline for interested parties to file replies.
        3. The Petitioners request the Media Bureau to extend the comment deadline by thirty days, until May 15, 2002. The Petitioners state that the Commission only provided the public forty-five days to comment on “a difficult issue of statutory interpretation and communications policy” that “the Commission has been trying to resolve for many years. A brief extension of time is requested in order to permit various interested parties to work together to formulate an approach that will successfully resolve these issues.” The Media Bureau has not received any opposition to the Motion.
        4. Because delay in resolving this proceeding causes delay in allocating and licensing non-reserved spectrum in which both commercial and NCE stations have an interest, timely completion of this proceeding is especially important. At the same time, as Petitioners note, the question presented here is particularly difficult and its resolution is of vital concern to future applicants for NCE stations. Petitioners appear to be working together to fashion a consensus recommendation, and this could be very useful to the Commission in resolving this longstanding matter. In addition, the extension requested is for a relatively short period of time, and should not compromise the timely resolution of the proceeding. Good cause thus exists for, and the public interest would be served by, grant of Petitioners' Motion. Accordingly, the comment deadline in this proceeding is extended until May 15, 2002, and the reply comment deadline is extended until June 17, 2002.

        5. Pursuant to § 1.46 of the Commission's rules, Petitioners' Motion is granted.

        6. This action is taken pursuant to authority delegated by § 0.283 of the Commission's rules, 47 CFR 0.283.

          Federal Communications Commission.
          William F. Caton,
          Acting Secretary.

      [FR Doc. 02-9871 Filed 4-22-02; 8:45 am]
      BILLING CODE 6712-01-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Parts 141, 142 and 143
        [FRL-7571-8]
        RIN 2040-AD38
        National Primary Drinking Water Regulations: Stage 2 Disinfectants and Disinfection Byproducts Rule; National Primary and Secondary Drinking Water Regulations: Approval of Analytical Methods for Chemical Contaminants; Extension of Comment Period

          AGENCY:
          Environmental Protection Agency.

          ACTION:
          Extension of comment period.

          SUMMARY:

          The Environmental Protection Agency (EPA) is extending by 60 days the public comment period for a proposed National Primary Drinking Water Regulation, the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR), which was published in the Federal Register on August 18, 2003. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal.

          DATES:
          Comments must be received on or before January 16, 2004.

          ADDRESSES:

          Comments may be submitted by mail to: Water Docket, Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. OW-2002-0043. Comments may also be submitted electronically or through hand delivery/courier by following the instructions provided in the SUPPLEMENTARY INFORMATION section.

          FOR FURTHER INFORMATION CONTACT:
          For technical inquiries, contact Tom Grubbs, Office of Ground Water and Drinking Water (MC 4607M), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (202) 564-5262. For general information contact the Safe Drinking Water Hotline, Telephone (800) 426-4791. The Safe Drinking Water Hotline is open Monday through Friday, excluding legal holidays, from 9 a.m. to 5:30 p.m., eastern standard time.

        SUPPLEMENTARY INFORMATION:

        The comment period for the proposed Stage 2 DBPR now ends January 16, 2004. This is an extension of 60 days beyond the comment period established in the Federal Register on August 18, 2003. Anyone seeking to submit comments must follow the procedures specified in section I.C. of the proposal as published in the Federal Register (68 FR 49548, August 18, 2003).

        The Stage 2 DBPR applies to all public water systems that add a disinfectant other than ultraviolet light. This proposed regulation would establish revised procedures for monitoring and determining compliance with the maximum contaminant levels for trihalomethanes and haloacetic acids. It contains specific provisions for consecutive systems. See the proposal as published in the Federal Register (68 FR 49548, August 18, 2003) for information regarding public health concerns, proposed regulatory requirements, implementation schedules, estimated costs and benefits, implementation tools, and other issues.

          Dated: October 2, 2003.
          Michael H. Shapiro,
          Deputy Assistant Administrator, Office of Water.

      [FR Doc. 03-25547 Filed 10-7-03; 8:45 am]
      BILLING CODE 6560-50-P