[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42552-42553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17615]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Notice and Request for Comments

AGENCY: Surface Transportation Board.

ACTION: 30-day notice of request for approval: Statutory Licensing and 
Consolidation Authority.

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SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives 
notice that it has submitted a request to the Office of Management and 
Budget (OMB) for approval of the information collection required from 
those seeking licensing authority under 49 U.S.C. 10901-03 and 
consolidation authority under Sec. Sec.  11323-26. Under these Title 49 
provisions, 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 Board 
previously published a notice about this collection in the Federal 
Register on December 12, 2011, at 76 FR 77312-14 (60-day notice). That 
notice allowed for a 60-day public review and comment period. No 
comments were received.
    The information collection for which approval is sought is 
described in detail below. Comments may now be submitted to OMB 
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 this collection of information is 
necessary for the proper performance of the functions of the Board, 
including whether the collection has practical utility.

Description of Collection

    Title: Statutory Licensing and Consolidation Authority.
    OMB Control Number: 2140-00.
    STB Form Number: None.
    Type of Review: Existing collection in use without an OMB control 
number.
    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: 106.\1\
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    \1\ In Fiscal Year (FY) 2011, there were 177 filings under 49 
U.S.C. 10901-03 and 11323-26. See Table--Number of Responses in FY 
2011. However, 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 is 
approximately 40% less than the number of filings.
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    Estimated Time per Response: Between 5 hours and 300 hours, 
depending on the type of request and complexity of the circumstances 
surrounding request for authority (based on actual survey of 
respondents).
    Frequency: On occasion.

                  Table--Number of Responses in FY 2011
------------------------------------------------------------------------
                                                      Number of filings
                   Type of filing                      under 49 U.S.C.
                                                     10901-03 and 11323-
--------------------------------------------------------------26--------
Applications.......................................                    3
Petitions*.........................................                   18
Notices*...........................................                  156
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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): 4,317 
hours (sum total of estimated hours per response x number of responses 
for each type of filing).
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    \2\ Because most respondents seek authority under the Board's 
expedited exemption process, rather than the more burdensome 
application process, the sample size for applications filed under 
Sec. Sec.  10901-03 and 11323-26 is small. For example, under these 
provisions, only 3 applications were filed with the Board during the 
FY 2011, all of which were reported by the industry as routine and 
noncontroversial. In the 60-day notice, the Board reported these 
numbers as they were provided by industry, explaining in a footnote 
that the available survey data appeared to understate the 
substantial time and cost often associated with the application 
process. Since that time, the Board has compiled additional data and 
has adjusted the burden hours for applications to reflect the 
addition to the sample of a traditionally larger application that 
was filed in FY 2010. Thus, the hourly burden per application has 
been increased to more accurately reflect the differences among the 
types of filings.

                   Table--Estimated Hours per Response
------------------------------------------------------------------------
                                                        Number of hours
                                                          per response
                    Type of filing                      under 49 U.S.C.
                                                          10901-03 and
                                                            11323-26
------------------------------------------------------------------------
Applications \2\.....................................                524
Petitions*...........................................                 58
Notices*.............................................                 19
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* Under Sec.   10502, petition for exemptions and notices of exemption
  are permitted in lieu of an application.

    Total ``Non-hour Burden'' Cost (such as filing fees): $669,950 (Sum 
of estimated ``non-hour burden'' cost per response x Number of 
Responses for each statutory section and type of filing).\3\
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    \3\ Because filing fees may vary within a particular statutory 
section, an average filing fee was used (except for applications 
under Sec. Sec.  11323-26, where only minor transactions were filed 
in FY 2011).

                             Table--Estimated ``Non-Hour Burden'' Cost Per Response
----------------------------------------------------------------------------------------------------------------
           Type of Cost                Sec.   10901         Sec.         Sec.          Sec.  Sec.   11323-26
-----------------------------------------------------------10902--------10903-----------------------------------
Applications Filing Fees.........  Extension,                $6,200      $22,100  Major--$1,488,500
                                    Acquisition, etc.--                           Significant--$297,700
                                    $7,200.                                       Minor--$7,500
                                   Construction--$74,5
                                    00.

[[Page 42553]]

 
Petitions* Filing Fees...........  Extension,                $6,600       $6,300  $6,600--$9,300
                                    Acquisition, etc.--
                                    $12,500.
                                   Construction--$74,5
                                    00.
Notices* Filing Fees.............  $1,800.............        1,800        3,600  $1,100--$2,400
Other Costs (i.e., copying and     $450...............          450          450  $450
 mailing).
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* Under Sec.   10502, petition for exemptions and notices of exemption are permitted in lieu of an application.

    Needs and Uses: Under the Interstate Commerce Act, 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.

DATES: Comments on this information collection should be submitted by 
August 15, 2012.

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: Patrick Fuchs, Surface 
Transportation Board Desk Officer, by fax at (202) 395-5167; by mail at 
OMB, Room 10235, 725 17th Street NW., Washington, DC 20500; or by email 
at [email protected].

FOR FURTHER INFORMATION CONTACT: Marilyn Levitt, (202) 245-0269. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 
(800) 877-8339.] Relevant STB regulations are referenced below and may 
be viewed on the STB's Web site under E-Library > Reference: STB Rules, 
<http://www.stb.dot.gov/stb/elibrary/ref_stbrules.html.

SUPPLEMENTARY INFORMATION: Under Sec. Sec.  10901-03 and 11323-26, an 
application is required to seek authority under these sections, unless 
an applicant receives an exemption under 49 U.S.C. 10502. Respondents 
seeking such authority from the Board 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 collection 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 Railroad    49 U.S.C. 10901.............  49 CFR part. 1150.
 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 part. 1152.
Railroad Acquisitions, Trackage Rights,    49 U.S.C. 11323-26..........  49 CFR part. 1180.
 and Leases.
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    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 that persons 
submit reports, keep records, or provide information to the agency, 
third parties, or the public. Under Sec.  3506(b) of the PRA, Federal 
agencies are required to provide, 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 
extension of an existing collection of information.

    Dated: July 16, 2012.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-17615 Filed 7-18-12; 8:45 am]
BILLING CODE 4915-01-P