[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32436-32437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11589]


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SURFACE TRANSPORTATION BOARD


30-Day Notice of Intent To Seek Extension of Approval of 
Collection: Statutory Licensing Authority

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the 
Surface Transportation Board (STB or Board) gives notice of its intent 
to seek approval from the Office of Management and Budget (OMB) for an 
extension of approval for the information collection required from 
those seeking statutory licensing authority, as described below. The 
Board previously published a notice about this collection in the 
Federal Register on April 17, 2020 (85 FR 21495). That notice allowed 
for a 60-day public review and comment period. No comments were 
received.

DATES: Comments on this information collection should be submitted by 
June 29, 2020.

ADDRESSES: Written comments should be identified as ``Paperwork 
Reduction Act Comments, Surface Transportation Board: Statutory 
Licensing Authority.'' Written comments for the proposed information 
collection should be submitted via www.reginfo.gov/public/do/PRAMain. 
This information collection can be accessed by selecting ``Currently 
under Review--Open for Public Comments'' or by using the search 
function. As an alternative, written comments may be directed to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Michael J. McManus, Surface Transportation Board 
Desk Officer: by email at [email protected]; by fax at (202) 
395-1743; or by mail to Room 10235, 725 17th Street NW, Washington, DC 
20503.
    Please also direct comments to Chris Oehrle, PRA Officer, Surface 
Transportation Board, 395 E Street SW, Washington, DC 20423-0001 and to 
[email protected]. For further information regarding this collection, contact 
Michael Higgins, Deputy Director, Office of Public Assistance, 
Governmental Affairs (OPAGAC), and Compliance, at (202) 245-0284 or 
[email protected]. Assistance for the hearing impaired is 
available through the Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 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. Submitted comments will be summarized 
and included in the Board's request for OMB approval.

Description of Collection

    Title: Statutory Licensing 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, an exemption from filing an 
application for such authority, or interchange commitments.
    Number of Respondents: 80.
    Estimated Time Per Response:

                      Estimated Hours per Response
------------------------------------------------------------------------
                                                        Number of hours
                                                          per response
                    Type of filing                      under 49 U.S.C.
                                                          10901-03 and
                                                            11323-26
------------------------------------------------------------------------
Applications.........................................                524
Petitions *..........................................                 58
Notices *............................................                 19
Interchange commitments..............................                  8
------------------------------------------------------------------------

    Frequency: On occasion.

           Average Annual Number of Responses for FY 2017-2019
------------------------------------------------------------------------
                                                        Average  number
                                                         of filings per
                    Type of filing                       year under 49
                                                        U.S.C. 10901-03
                                                          and 11323-26
------------------------------------------------------------------------
Applications.........................................                  3
Petitions *..........................................                 12
Notices *............................................                103
Interchange commitments..............................                  4
------------------------------------------------------------------------

    Total Burden Hours (annually including all respondents): 4,257 (sum 
of estimated hours per response x number of responses for each type of 
filing).

                                            Total Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Hours per    Annual  number   Total annual
                         Type of filing                              response       of  filings    burden hours
----------------------------------------------------------------------------------------------------------------
Applications....................................................             524               3           1,572
Petitions*......................................................              58              12             696
Notices *.......................................................              19             103           1,957
Interchange commitments.........................................               8               4              32
                                                                 -----------------------------------------------
    Total annual burden hours...................................  ..............  ..............           4,257
----------------------------------------------------------------------------------------------------------------
* Under section 10502, petitions for exemption and notices of exemption are permitted in lieu of an application.

    Total ``Non-hour Burden'' Cost: Because Board collections are 
submitted electronically to the Board, there is no cost for filing with 
the Board. However, for some filings, respondents are sometimes 
required to send consultation letters to various other governmental 
agencies. Copies of these letters are part of an environmental and 
historic report

[[Page 32437]]

that must be filed with this collection (unless waived by the Board). 
Because some of these other agencies may require hard copy letters, 
there may be some limited mailing costs, which staff estimates in total 
to be approximately $1,750.
    Needs and Uses: As mandated by Congress, 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, 11323-26. Under 49 U.S.C. 10502, persons may seek an 
exemption from many of the application requirements of sections 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 (including 
collection of disclosures of rail interchange commitments under 49 CFR 
1121.3(d), 1150.33(h), 1150.43(h), and 1180.4(g)(4)) enables the Board 
to meet its statutory duty to regulate the referenced rail 
transactions. In cases in which the requests for authority involve 
agreements with interchange commitments that may limit the future 
interchange of traffic with third parties, certain information must be 
disclosed to the Board about those commitments. 49 CFR 1121.3(d), 
1150.33(h), 1150.43(h), 1180.4(g)(4). The collection of this 
information facilitates the case-specific review of interchange 
commitments and enables the Board's monitoring of their usage 
generally.
    Under the PRA, a federal agency that conducts or sponsors 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. 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 extension of an existing collection of 
information.

    Dated: May 26, 2020.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-11589 Filed 5-28-20; 8:45 am]
BILLING CODE 4915-01-P