[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53915-53917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22521]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Information Collection Activities: Statutory Licensing and
Consolidation Authority
AGENCY: Surface Transportation Board, DOT.
ACTION: 30-day notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3519 (PRA), the Surface Transportation Board (Board) gives notice that
it is requesting from the Office of Management and Budget (OMB)
approval of an extension of the information collection--Statutory
Licensing and Consolidation Authority--further described below. The
Board previously published a notice about this collection in the
Federal Register. 80 FR 38,508 (July 6, 2015). That notice allowed for
a 60-day public review and comment period. One comment was received and
is addressed in the agency's submission to OMB as part of this approval
process.
Under 49 U.S.C. 10901-03 and Sec. Sec. 11323-26, rail carriers and
non-carriers are required to file an application with the Board, or
seek an exemption (through petition or notice) from the full
application process under Sec. 10502, before they may construct,
acquire, or operate a line of railroad; abandon or discontinue
operations over a line of railroad; or consolidate their interests
through a merger or common-control arrangement. (The relevant
information collections are described in more detail below.)
Comments are requested concerning: (1) The accuracy of the Board's
burden estimates; (2) ways to enhance the quality, utility, and clarity
of the information collected; (3) 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; and (4) whether the collection of
information is necessary for the proper performance of the functions of
the Board, including whether the collection has practical utility.
[[Page 53916]]
Description of Collections
Title: Statutory Licensing and Consolidation Authority.
OMB Control Number: 2140-0023.
STB Form Number: None.
Type of Review: Extension without change.
Respondents: Rail carriers and non-carriers seeking statutory
licensing or consolidation authority or an exemption from filing an
application for such authority.
Number of Respondents: 74.\1\
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\1\ Approximately 40% of the filings were additional filings
submitted by railroads that had already submitted filings during the
time period. Therefore, the number of respondents (74) is
approximately 40% less than the number of filings (123).
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Frequency: On occasion.
Table--Number of Responses in FY 2011
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Number of filings
under 49 U.S.C.
Type of filing 10901-03 and
11323-26
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Applications......................................... 2
Petitions*........................................... 18
Notices*............................................. 103
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* Under Sec. 10502, petitions for exemption and notices of exemption
are permitted in lieu of an application.
Total Burden Hours (annually including all respondents): 4,049
hours (sum total of estimated hours per response x number of responses
for each type of filing).
Table--Estimated Hours per Response
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Number of hours
per response
Type of filing under 49 U.S.C.
10901-03 and
11323-26
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Applications......................................... 524
Petitions............................................ 58
Notices.............................................. 19
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Total Annual ``Non-hour Burden'' Cost: Approximately $1,537.50 (sum
total of the cost per response x number of responses for each type of
filing). Filings are submitted electronically to the Board; so there is
no cost for filing with the Board. However, respondents are sometimes
required, as part of this collection, to send letters to certain
governmental agencies notifying them of the proposed action being
sought before the Board. (Copies of these letters are part of an
environmental and historic report that is sometimes required as part of
this collection.) Because some of these agencies may require hard copy
letters, there may be some limited mailing costs, which we have
estimated at approximately $12.50 per response.
Needs and Uses: Under the Interstate Commerce Act, as amended by
the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803
(1995), persons seeking to construct, acquire or operate a line of
railroad and railroads seeking to abandon or to discontinue operations
over a line of railroad or, in the case of two or more railroads, to
consolidate their interests through merger or a common-control
arrangement are required to file an application for prior approval and
authority with the Board. See 49 U.S.C. 10901-03 and 11323-26. Under 49
U.S.C. 10502, persons may seek an exemption from many of the
application requirements of Sec. Sec. 10901-03 and 11323-26 by filing
with the Board a petition for exemption or notice of exemption in lieu
of an application. The collection by the Board of these applications,
petitions, and notices enables the Board to meet its statutory duty to
regulate the referenced rail transactions. See Table--Statutory and
Regulatory Provisions below.
Retention Period: Information in these collections is maintained by
the Board for ten years, after which it is transferred to the National
Archives as permanent records.
DATES: Comments on this information collection should be submitted by
October 8, 2015.
ADDRESSES: Written comments should be identified as ``Paperwork
Reduction Act Comments, Surface Transportation Board, Statutory
Licensing and Consolidation Authority.'' These comments should be
directed to the Office of Management and Budget, Office of Information
and Regulatory Affairs, Attention: Chandana L. Achanta, Surface
Transportation Board Desk Officer, by email at
[email protected]; by fax at (202) 395-6974; or by mail to
Room 10235, 725 17th Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: For further information regarding the
Statutory Licensing and Consolidation Authority, contact Chris Oehrle,
Surface Transportation Board, via mail at 395 E Street SW., Washington,
DC 20423-0001, telephone at (202) 245-0271, or email at
[email protected]. [Federal Information Relay Service (FIRS) for the
hearing impaired: (800) 877-8339.]
SUPPLEMENTARY INFORMATION: Under Sec. Sec. 10901-03 and 11323-26, an
application must be filed to seek authority under these sections, but
an applicant may file a petition or notice pursuant to an exemption
under 49 U.S.C. 10502. Respondents seeking authority from the Board
under these provisions must submit certain information required under
the Board's related regulations. The table below shows the statutory
and regulatory provisions under which the Board requires the
information collections that are the subject of this notice.
Table--Statutory and Regulatory Provisions*
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Certificate required Statutory provision Regulations
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Construct, Acquire, or Operate 49 U.S.C. 10901 49 CFR pt. 1150.
Railroad Lines.
Short Line purchases by Class II and 49 U.S.C. 10902 49 CFR 1150.41-45.
Class III Rail Carriers.
Abandonments and Discontinuances.... 49 U.S.C. 10903 49 CFR pt. 1152.
Railroad Acquisitions, Trackage 49 U.S.C. 11323-26 49 CFR pt. 1180.
Rights, and Leases.
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* STB regulations may be viewed on the STB Web site under E-Library > Reference: STB Rules (http://www.stb.dot.gov/stb/elibrary/ref_stbrules.html).
Under the PRA, a federal agency conducting or sponsoring a
collection of information must display a currently valid OMB control
number. A collection of information, which is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c), includes agency requirements or requests
that persons submit reports, keep records, or provide information to
the agency, third parties, or the public. Section 3507(b) of the PRA
requires, concurrent with an agency's submitting a collection to OMB
for approval, a 30-day notice and comment period through publication in
the Federal Register concerning each proposed collection of
information, including each proposed
[[Page 53917]]
extension of an existing collection of information.
Dated: September 2, 2015.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-22521 Filed 9-4-15; 8:45 am]
BILLING CODE 4915-01-P